Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Pakistan (Ratification: 2001)

Autre commentaire sur C182

Observation

Demande directe

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Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted 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 any unlawful and immoral purpose, commits an offence. Pursuant to section 373 of the Code, it is also an offence to buy, hire or otherwise obtain possession of a person under the age of 18 years for other immoral purposes. In addition, by virtue of section 292 of the Penal Code, it is a criminal offence to sell, distribute, or for the purpose of sale, distribution or circulation, make or produce obscene books, drawings, representations or any other object.

In this regard, the Committee notes the Government’s statement that it has referred to the Ministry of Law, Justice and Human Rights for clarification on this issue. The Committee once again requests the Government to define the term “unlawful or immoral purpose” and, more specifically, to indicate whether the abovementioned sections of the Penal Code prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the International Trade Union Confederation’s indication that attendance rates in primary education are very low. However, the Committee noted that the Government was implementing measures to address the high number of out-of-school children, including providing incentives for school attendance to poor and disadvantaged children, promoting girls’ education and operating non-formal basic education schools. Nonetheless, the Committee noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 19 October 2009, expressed concern that nearly 7 million of the estimated 19 million primary school-age children are out of primary school and about 21 per cent drop out, many of them in the early grades (CRC/C/PAK/CO/3 4, paragraph 78).

The Committee notes that, pursuant to the 18th Constitutional Amendment, article 25A of the Constitution provides that the State shall provide free and compulsory education to all children between the ages of 5 to 16 years, in such manner as may be determined by law. The Government indicates that the subject of education lies with the provinces. Under the Education Sector Reform Programme the provinces are taking measures, including to increase the availability of schools in rural areas, to provide free text books, to recruit teachers and to focus on female education. However, the Committee notes the information in the report prepared by the Office of the High Commissioner for Human Rights (OHCHR) for the Universal Periodic Review (UPR) of 13 August 2012 that as many as 7.3 million primary school-age children (57 per cent of which are girls) are out of school (A/HRC/WG.6/14/PAK/2, paragraph 57). It also notes the information in UNESCO’s 2012 Global Monitoring Report – Education for All that, while Pakistan has the second largest number of out-of-school children, yet it continues to reduce education spending. Considering that free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble its efforts to improve access to education, taking into account the special situation of girls. The Committee requests the Government to provide information on the concrete measures taken in this regard, and to provide statistical information on the results obtained, particularly with regard to increasing school enrolment rates and reducing the school drop-out rates and the number of out-of-school children.

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. Child victims of trafficking. The Committee previously noted that the Child Protection and Rehabilitation Bureau (CPRB) was responsible for housing returned camel jockeys from the United Arab Emirates (UAE) and for facilitating their reintegration within their families and communities. The Government indicated in its report to the CRC of 19 March 2009 that, through the programme to return and reintegrate under-age camel racers (implemented as a collaboration between the Government, UNICEF and the UAE), a total of 331 former camel jockeys have been repatriated and have been reunited with their families through the CPRB. However, the Committee also noted that despite the services provided to victims of trafficking, governmental officials continued to lack adequate procedures and resources for proactively identifying victims of trafficking among vulnerable persons with whom they came into contact.

The Committee notes the information in the annual Anti-Human Trafficking report that until October 2009, 105 women and child victims of trafficking had been referred to shelter homes for lodging, boarding, medical care, rehabilitation and psychological services. The Government also indicates that since 2007–08, the issue of child camel jockey has been a priority, and that this issue is handled by the Federal Investigative Agency, in coordination with NGOs and the Government of the UAE. In this regard, the Committee also notes the information from UNICEF that it has collaborated with the CPRB to provide support to more than 600 child camel jockeys repatriated from the UAE. The Committee requests the Government to continue to take measures to remove, rehabilitate and provide for the social integration of child victims of trafficking. In this regard, it requests the Government to take measures to strengthen the procedures for identifying child victims of trafficking and to ensure that these children are referred to the appropriate services. It further requests the Government to provide information on the concrete measures taken in this regard and the results achieved, including the number of children reached through the measures taken.

2. Children working in the carpet industry. The Committee previously noted the ITUC’s indication that 1.2 million children were reported to work in the carpet industry, which is a hazardous industry. The Committee noted that despite several projects aimed at withdrawing children from work in this industry, a significant number of children continue to work in carpet weaving. These children suffer eye and lung diseases due to unsafe working conditions. It requested information on a national project to withdraw children from the carpet industry.

The Committee notes the Government’s indication that the project could not go ahead due to a lack of funds. Noting an absence of information regarding other measures taken to address child labour in the carpet industry, the Committee requests the Government to provide information on the measures taken or envisaged for the removal, rehabilitation and social reintegration of children working in this sector, in its next report.

3. Children working in brick kilns. The Committee previously noted that work in the kilns is a particularly hazardous occupation for children, and that nearly half of the children under 14 working in brick kilns worked for more than ten hours a day without any safeguards. It also noted the Government’s statement in its reply to the list of issues of the CRC of 1 September 2009 that most of the bonded labourers in Punjab are confined to brick kilns. The Government indicated in this report that it is working to register brick kiln workers (CRC/C/PAK/Q/3 4/Add.1, paragraph 68). It further noted that several projects were under way to withdraw children working in this sector.

The Committee notes the Government’s statement that the provincial government of Punjab has launched a project to eradicate child labour in the brick kiln industry in two districts. Efforts are also on-going in other provinces to initiate similar projects. The Government also indicates that a survey of brick kilns has been completed in the provinces of Punjab and Sindh, involving the registration of brick kilns. The Committee requests the Government to continue to take measures to protect children under 18 engaged in the brick kiln sector from hazardous work and forced labour. It requests the Government to provide information on progress made in this regard and on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. 1. Child domestic workers. In its previous comments, the Committee noted that child domestic labourers were susceptible to becoming involved in a worst form of child labour, as their work was difficult to monitor or regulate. It also noted that the CRC, in its concluding observations of 19 October 2009, expressed concern that there were insufficient programmes to identify and protect victims of child labour in the informal economy, including in domestic work (CRC/C/PAK/CO/3-4, paragraph 88).

The Committee notes the Government’s statement that Provincial Child Protection Bureaus are working to address the issue of child domestic workers. The Government indicates that complaints cells are operational in Ombudsmen offices at the federal and provincial levels. The Committee requests the Government to strengthen its efforts to protect and withdraw child domestic workers from exploitative and hazardous work and to provide information on the specific measures taken in this regard as well as the results achieved.

2. Children working in glass bangle making and tanneries. The Committee previously noted that, according to the rapid assessment studies of bonded labour in different sectors in Pakistan, the glass bangle making industry in Pakistan uses children as young as 11 years of age. The study also indicated that this type of work is highly dangerous for children due to the exposure to high temperatures and dangerous chemicals. Noting several programmatic measures being undertaken, the Committee requested the Government to pursue its efforts to protect children working in the glass bangle making and tanneries sectors from the worst forms of child labour.

The Committee notes the Government’s statement that it is taking note of the Committee’s comments and will request the provinces to take measures to protect children in these two industries. The Committee requests the Government to provide information on the concrete steps taken to reach out to children working in glass bangle making and tanneries, as well as the results achieved, in its next report.

3. Street children. The Committee previously noted the increasing number of street children and the lack of a systematic and comprehensive strategy to protect these children. The Committee also noted the information in the Government’s report to the CRC of 19 March 2009 that there were an estimated 5,000 street children in Lahore and 10,000 such children in Karachi (CRC/C/PAK/3-4, paragraph 684). The Committee further noted that the CRC, in its concluding observations of 19 October 2009, expressed concern at the increasing number of children in street situations throughout the country and the vulnerability of these children to exploitation (CRC/C/PAK/CO/3-4, paragraph 95). However, it also noted the establishment of centres for the rehabilitation of street children and other vulnerable groups in the provinces of Punjab, Sindh and Khyber Pakhtunkhwa.

The Committee notes the Government’s statement that the Provincial Child Protection Bureaus are working to tackle the issue of street children. It indicates that these Bureaus have their own schools with residential facilities. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to strengthen its efforts to protect these children. It also requests the Government to provide information on the specific measures taken in this regard, and on the results achieved, particularly the number of street children benefiting from shelter and other rehabilitative services.

Article 8. International cooperation and assistance. 1. Regional cooperation. Trafficking. The Committee previously noted the Government’s participation in several regional initiatives to combat trafficking, and that it was working with the International Organization for Migration (IOM) to conduct a counter-trafficking programme to create 18 district task forces to combat human trafficking. The IOM was also supporting the establishment of a dialogue on migration management within South-West Asia. Nonetheless, it noted that transnational trafficking in the region persisted and that persons, including children, were trafficked between the Islamic Republic of Iran and Pakistan, and to Pakistan from Afghanistan and Azerbaijan for the purpose of forced labour and prostitution.

The Committee notes the Government’s statement that negotiations are under way with the Governments of Afghanistan and the Islamic Republic of Iran on this subject, and that the IOM is coordinating this process. It also notes that the Government is collaborating with the United Nations Office on Drugs and Crime on measures to combat trafficking in persons. The Committee encourages the Government to pursue and strengthen its regional cooperation efforts to combat the trafficking of persons under 18 years of age, including through the establishment of bilateral agreements. It requests the Government to continue provide information on the progress achieved in this regard in its next report.

2. Poverty reduction. The Committee previously observed that, according to the World Bank, 42 million people (about 30 per cent of Pakistanis) live below the poverty line. The Committee also noted the Government’s statement identifying increasing poverty as the main cause of child labour and child trafficking. It further noted that the Poverty Reduction Strategy Paper (PRSP) was launched in 2003, and that a PRSP-II was in the process of being finalized. The ILO had provided inputs to the PRSP-II, highlighting the need for recognizing child labour as a key priority area of concern in the entire poverty reduction endeavour.

The Committee notes the information in the Midyear Finance Report of the PRSP-II that, through the project, funding has been allocated to the National Centre for Rehabilitation of Child Labour as well as to provide microcredit support to families and to support vocational training for adolescents. The Committee also notes the information from the UN country team in the report prepared by the OHCHR for the UPR that despite plans to alleviate poverty, the capacity to implement such measures and achieve impact at the local level remains an issue (A/HRC/WG.6/14/PAK/2, paragraph 42). Recalling that poverty reduction programmes contribute to breaking the poverty cycle, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the impact of measures taken within the framework of the PRSP-II on the elimination of the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s statement that ILO–IPEC undertook consultations with the Federal Bureau of Statistics for the carrying out of a National Survey on Child Labour. However, the Committee notes the information from ILO–IPEC of September 2012 that agreement on a methodology for the survey was not possible, and the survey was therefore cancelled. The Committee encourages the Government to take the necessary measures to ensure that sufficient up-to-date data on the prevalence of the worst forms of child labour in the country is made available, particularly with regard to child trafficking, bonded labour and hazardous work. It requests the Government to provide this information in its next report, as well as any additional available information on the nature, extent and trends of the worst forms of child labour, and the number of children protected by the measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by sex and age.