Observation (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 as well as the communication of the All Pakistan Federation of Trade Unions (APFTU) dated 9 July 2003. Referring to the comments made by the Committee under the Forced Labour Convention, 1930 (No. 29), in so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee is of the view that the issues of trafficking and debt bondage of children can be examined more specifically under this Convention. The Committee 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. Sale and trafficking of children. 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. Women and children reportedly arrive from Bangladesh, Myanmar, Afghanistan, Sri Lanka and India, many eventually to be bought and sold in shops and brothels. The ICFTU also indicated that estimates of the number of such trafficked children who become child prostitutes vary, but most suggest around 40,000. The Committee also noted the indications of the ICFTU that there were reports of several hundred boys from Pakistan trafficked to the Gulf States to work as camel jockeys. Moreover, in some rural areas, children are sold into debt bondage in exchange for money or land. While noting the absence of information in the Government’s report on these points, the Committee notes that ILO/IPEC launched in 2000 the subregional project to combat child trafficking (TICSA) in Bangladesh, Nepal and Sri Lanka; the project was extended subsequently to Pakistan, Indonesia and Thailand. According to the project report of September 2002 (pages 14-15), approximately 100,000 women and children are internally trafficked in Pakistan, and approximately 200,000 women and children aged 12-30 were trafficked from Bangladesh to Pakistan between 1990 and 2000. Pakistan is a destination country as well as a transit country. Children are trafficked primarily for sexual exploitation but also for domestic services, hazardous manufacturing work, camel jockeying and bonded labour. The Committee also notes that the Committee on the Rights of the Child (CRC/C/15/Add.217, 27 October 2003, paragraph 76), while noting the serious efforts undertaken by the State party to prevent child trafficking, expressed its deep concern at the very high incidence of trafficking in children for the purposes of sexual exploitation, bonded labour and camel jockeying.

The Committee observes that sections 2(f) and 3 of the Prevention and Control of Human Trafficking Ordinance of 2002 provide that the human trafficking for the purpose of exploitative entertainment (i.e. activities in connection with sex), slavery or forced labour is prohibited. According to section 2(h) of the aforementioned Ordinance, the term "human trafficking" means obtaining, securing, selling, purchasing, recruiting, detaining, harbouring or receiving a person, notwithstanding that person’s implicit or explicit consent, by the use of coercion, kidnapping, abduction or by giving or receiving any payment or benefit, or sharing or receiving a share for that person’s subsequent transportation out of or into Pakistan for any of the purposes mentioned in section 3 of the Ordinance. Section 370 of the Penal Code also prohibits the sale and trafficking of persons for the purpose of slavery.

The Committee consequently observes that, although the trafficking of children for labour or sexual exploitation is prohibited by law, it remains an issue of concern in practice. The Committee accordingly invites the Government to redouble its efforts to improve the situation and to take, without delay, the necessary measures to eliminate the internal and cross-border trafficking of children under 18 for labour and sexual exploitation. It also asks the Government to provide information on progress made in this regard.

2. Debt bondage. The Committee noted, in its previous comments, the ICFTU’s indications that Pakistan has several million bonded labourers, including a large number of children. Debt slavery and bonded labour are mostly reported in agriculture, construction (in particular in rural areas), brick kilns and carpet-making sectors. The Committee also noted that the Federal Cabinet approved a National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers in September 2001. It notes that, according to the abovementioned rapid assessment (page 41), the implementation of the National Policy and Plan of Action has been slow. The Government has yet to mobilize resources for kiln workers through the Workers’ Welfare Fund and to provide relief and rehabilitation for bonded labourers through the special fund of Rs.100 million created by the Government.

The Committee notes that, by virtue of section 4(1) of the Bonded Labour System Abolition Act, 1992, "the bonded labour system shall stand abolished and every bonded labourer shall stand freed and discharged from any obligation to render any bonded labour". Section 4(2) of the Bonded Labour System Abolition Act states that no one shall make an advance under or in pursuance of, the bonded labour system or compel a person to render any bonded labour or other form of forced labour. The Committee notes that bonded labour is broadly defined under section 2(c) and (e) of the aforementioned Act. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, child debt bondage is prohibited and that under Article 1 of the Convention, it shall take immediate and effective measures to prohibit and eliminate this worst form of child labour. The Committee accordingly requests the Government to take the necessary measures to implement the National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers as a matter of urgency. It also requests the Government to indicate the impact of such measures notably with regard to the removal of children under 18 from bonded labour and the rehabilitation of former child bonded labourers.

Article 5. Monitoring mechanisms. 1. Local vigilance committees. The Committee noted, in its previous comments, the ICFTU’s indication that the Bonded Labour System (Abolition) Act of 1992 prohibits bonded labour but remains ineffective in practice. It also noted that local vigilance committees were constituted to monitor the implementation of the Act but that there were reports of serious corruption within these committees. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.21, 11 April 2003, page 124) that the vigilance committees are composed of the deputy commissioner of the district, representatives of the police, the judiciary, the bar, the municipal authorities; and under the recommendation of the ILO Conference Committee on the Application of Standards, membership was extended to include workers’ and employers’ representatives. The Government adds that efforts are being made to implement the Bonded Labour (Abolition) Act of 1992. Indeed, the Committee notes that, according to the information provided by the Government in the Poverty Reduction Strategy Paper (2003), an Anti-Corruption Strategy was formulated in 2003. The Committee asks the Government to provide information on the concrete measures taken by the local vigilance committees to ensure the effective implementation of the Bonded Labour (Abolition) Act and the results achieved. It also asks the Government to indicate whether the Anti-Corruption Strategy has contributed to improving the implementation of the Bonded Labour (Abolition) Act.

2. Labour inspection. In its previous comments concerning the application of the Labour Inspection Convention, 1947 (No. 81), the Committee noted with interest the measures taken by the Government, in cooperation with ILO/IPEC, to reinforce labour inspection so as to efficiently combat child labour. It also noted the APFTU’s indication that training services needed to be developed for labour inspectors as well as for workers. The APFTU further indicated that the recent decision of the Government to transfer the labour inspection machinery to the local bodies has diluted the role of the labour inspectorate since many heads of local bodies are either industrialists or feudal lords and as such the labour inspectorate has become subservient to them. The Committee notes the ICFTU’s indications that the number of inspectors is insufficient; they lack training and are reported to be liable to corruption. The ICFTU adds that inspections do not take place in undertakings employing less than ten employees, where most child labour occurs. Noting the absence of information in the Government’s report on this issue, the Committee requests the Government to provide information on the number of workplaces investigated per year, and on the findings of labour inspectors 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 indicate any additional measures taken or envisaged to train labour inspectors and to provide them with adequate human and financial resources in order to enable them to monitor the effective implementation of the national provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. TICSA project. The Committee notes that the subregional project to combat child trafficking (TICSA) aims at: (i) determining the extent and nature of trafficking of children and women for labour and sexual exploitation in Pakistan; (ii) establishing an action programme with the National Commission for Child Welfare and Development and the Ministry of Social Welfare, Women Development and Special Education to strengthen national capacity building, advocacy and awareness raising to prevent child trafficking (especially in Southern Punjab and Upper Sindh); and (iii) determining the demand side of trafficking of children and women in Pakistan for labour and sexual exploitation. The Committee notes that the National Action Programme to eliminate child trafficking was established in August 2004. The Committee requests the Government to provide information on the concrete measures taken under TICSA to eliminate the trafficking of children and women for labour and sexual exploitation in Pakistan and on the results achieved.

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. The Committee notes, however, that section 3 of the Prevention and Control of Human Trafficking Ordinance of 2002 provides for a maximum of ten years’ imprisonment and a fine for anyone who sells or traffics children for the purposes of labour or sexual exploitation. It also observes that section 374 of the Penal Code and section 11 of the Bonded Labour System Act provide for a maximum of five years’ imprisonment or a fine or both for the violation of the provisions prohibiting forced labour and debt bondage. The Committee recalls that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the application of dissuasive sanctions. The Committee emphasizes the importance of taking the necessary measures to ensure that whoever violates the legal provisions giving effect to the Convention is prosecuted and to press for the imposition of sufficiently effective and dissuasive penal sanctions. It also requests the Government to provide information on the practical application of the laws, including the number of infringements reported of the abovementioned provisions, investigations, prosecutions, convictions and penal sanctions applied.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the ICFTU’s indication that, according to available data from the Government, organizations of employers and workers and other sources, Pakistan has up to 10 million child labourers, with a large majority of them working in agriculture, forestry, informal urban activities and various types of manufacturing work such as stitching surgical instruments, brick kilns and carpet making. It also 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. 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, coal mining, scavenging and deep-sea fishing and seafood processing and ship-breaking. The Committee asks the Government to provide information on the concrete measures taken under the TBP and their impact on eliminating the abovementioned worst forms of child labour.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that, according to the Rapid Assessment Studies on Bonded Labour in Different Sectors in Pakistan of 2004 (the Ministry of Labour, Manpower and Overseas Pakistanis, the Government and the ILO, page 30), workers in the brick kiln sector were not aware of the general legislation that applies to bondage. The Committee accordingly asks the Government to provide information on the measures taken to raise awareness on the prohibition of bonded labour.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. 1. Children working in the carpet industry. The Committee notes the ICFTU’s indication that 1.2 million children are reported to work in the carpet industry, which is a dangerous occupation. It adds that children working in this industry suffer from numerous injuries. The Committee also notes that the Pakistan Carpet Manufacturers’ and Exporters’ Association (PCMEA) and ILO/IPEC launched in 1998 a project to combat child labour in the carpet industry in Sheikhupura and Gurjranwala, which was extended in 2002 to cover Faisalabad, Hazizabad, Multancind, Toba Tek Singh. The project aims at providing: (i) non-formal education, mainstreaming, and pre-vocational education to about 23,000 carpet-weaving children; and (ii) access to micro credits for the 1,000 poorest carpet-weaving households. The Committee notes that, according to the ILO/IPEC technical progress reports, the project has so far contributed to the withdrawal of 13,000 carpet-weaving children (83 per cent of whom are girls) from hazardous working conditions. These children are now enrolled in non-formal education centres, pursuing their primary education. In addition, micro credits have been provided to 705 carpet-weaving families in rural areas. The Committee encourages the Government to pursue its efforts to rehabilitate children under 18 years of age who undertake hazardous occupations in the carpet-weaving industry and to provide information on the results achieved.

2. Children working in the surgical instruments industry. The Committee notes the ICFTU’s indication that children constitute about 15 per cent of the workforce in this industry which is one of the most dangerous occupations. Child labourers in this industry are, on average, aged 12 years. The ICFTU adds that not much was done in the surgical instruments industry to address the problem of child labour.

The Committee also notes that ILO/IPEC, with the assistance of the Italian social partners and the Surgical Instruments Manufacturers’ Association of Pakistan, launched in 2000, a project to combat hazardous and exploitative child labour in surgical instruments manufacturing through prevention, withdrawal and rehabilitation. It observes that, over a period of two years, the project has contributed to the reduction of child labour in one of the country’s major export industries. Under its direct action programmes, 1,496 children employed in surgical instruments production workshops have received non-formal education and pre-vocational training. The project has also contributed to reducing the number of working hours of child labourers attending non-formal classes. The Committee notes that complementary actions were taken by the APFTU and the All Pakistan Federation of Labour to establish contact with the target groups and concerned stakeholders and raise awareness about child labour in this sector. This project has been extended up to 2006 to cover a larger number of children. The Committee encourages the Government to pursue its efforts to withdraw and rehabilitate children under 18 years of age performing hazardous types of work in the surgical instruments industry and to provide information on the results achieved.

3. Child bonded labourers. 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), the European Union and the ILO are assisting the Government in the setting up of 18 community education and action centres for combating exploitative child labour through prevention, withdrawal and rehabilitation of former child bonded labourers. The Committee also notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.21, 11 April 2003, page 124) that it has established a "Fund for the education of working children and rehabilitation of freed bonded labourers". The Committee requests the Government to provide information on the impact of the abovementioned measures on removing children from bonded labour and on providing for their rehabilitation and social integration.

Clause (d). Children at special risk. The Committee notes that, according to the Rapid Assessment Studies on Bonded Labour in Different Sectors in Pakistan (Chapter 4 on the mining sector, pages 1, 24 and 25), some miners ask their children of 10 years of age to work with them in mines to lighten the burden of "peshgi" (i.e. any advance whether in cash or in kind made to the labourer). Thus, in Punjab and in the North-West Frontier Province (NWFP), children are usually assigned the job of taking donkeys underground and bringing them out laden with coal. The rapid assessment also indicates that children working in mines are sexually abused by miners. The Committee asks the Government to take the necessary measures to eliminate child debt bondage in mines.

Article 8. 1. International cooperation. The Committee notes that Pakistan is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Government signed the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography in 2001.

2. Regional cooperation. The Committee notes that Pakistan participates in the South Asian Association for Regional Cooperation (SAARC), which was established in 1985 by the Heads of State or Government of Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka. The Government signed in 2002 the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, the objective of which is to promote cooperation amongst Member States to effectively deal with various aspects of trafficking. According to the ILO/IPEC TICSA report of September 2002, the signatories have committed themselves to develop a regional plan of action and to establish a regional task force against trafficking. The Committee also notes that, according to the ILO/IPEC Technical Progress Report of September 2004, Thailand and Pakistan signed a Memorandum of Understanding in April 2004 to promote bilateral cooperation to combat trafficking in persons. A similar Memorandum of Understanding was signed between Pakistan and Afghanistan in July 2004 to address various issues of mutual interest including human trafficking. The Committee asks the Government to provide information on the progress achieved in the launching of a regional plan of action and regional task force against trafficking. It also asks the Government to provide information on the impact of the Memoranda of Understanding signed with Afghanistan and Thailand to eliminate child trafficking.

3. Poverty reduction. The Committee notes that the ILO’s Social Finance Department has undertaken a project entitled "Prevention of family indebtedness with microfinance and related services", which aims at preventing freed peasants and other vulnerable families in three districts of Sindh Province from falling back into bondage. To this end, measures such as microfinance services, awareness raising, group formation, education and health services will be taken in order to reduce their economic and social vulnerability. The Committee asks the Government to indicate whether this project was extended to other provinces and to provide information on the impact of the project on eliminating child bonded labour.

Part V of the report form. In its previous comments, the Committee pointed out that accurate data on the extent of bonded labour is essential to develop effective programmes to eliminate debt bondage. The Committee once again encourages the Government to undertake a nationwide survey in cooperation with employers’ and workers’ organizations and with human rights institutions and organizations to determine the extent of child debt bondage and its characteristics.

The Committee is also addressing a direct request to the Government concerning other points.