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

Convention (n° 29) sur le travail forcé, 1930 - Pakistan (Ratification: 1957)

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Observation

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The Committee notes that the country is participating in an ILO technical assistance programme, the Special Programme Account (SPA) project. It notes with interest that this technical assistance resulted in the development of time-bound action plans, by each of the provincial governments, to concretely address the comments of the Committee, including through the adoption of provincial legislation on bonded labour.

Articles 1(1), 2(1) and 25 of the Convention. Debt bondage. 1. Legislative framework and policies. The Committee previously noted that as a result of the 18th Constitutional Amendment, labour matters had been transferred to the provinces, and that each of the provinces was developing legislation on bonded labour. It requested information on legislative developments in this regard, as well as on the implementation of the 2001 National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers.

The Committee notes the Government’s statement that the provinces can take ownership of the National Policy and Plan of Action, or can adopt new plans, and that the Provinces of Sindh and Punjab have both adopted a Provincial Plan of Action to Combat Bonded Labour. The Government also indicates that the Province of Punjab has already adopted a provincial Bonded Labour System Abolition Act. The Committee further notes the information in the mission report of the tripartite inter-provincial workshop carried out in May 2013, within the framework of the SPA project, that the adoption of provincial bonded labour abolition legislation, by the end of 2013, was included in the time-bound action plans of the other three provinces. Moreover, the Government indicates that the “Elimination of bonded labour in brick kilns” project is being implemented in Punjab, which includes the distribution of 5,172 national identity cards, interest free loans to 6,104 borrowers, and the provision of health and hygiene services. In addition, an ILO project entitled “Strengthening Law Enforcement Responses and Action against Internal Trafficking and Bonded Labour” began in 2010 in the Provinces of Sindh and Punjab, aimed at engaging brick kiln owners to institute practices towards the eradication of bonded labour, as well as efforts to link brick kiln workers with social safety nets. Taking due note of this information, the Committee urges the Government to take the necessary measures to ensure that each of the provinces adopts legislation aimed at eliminating bonded labour and implements the legislation effectively. It requests the Government to continue to take measures to combat and eliminate bonded labour, as well as measures aimed at supporting freed bonded labourers. It requests the Government to continue to supply detailed information on the specific measures implemented in this regard, as well as information on the concrete results of these initiatives, including the number of bonded labourers and former bonded labourers, benefiting from these measures.

2. District vigilance committees. The Committee previously noted the allegations from several national and international workers’ federations that the Bonded Labour System (Abolition) Act (BLSA) had not been properly applied and those who used bonded labour had been able to do so with impunity. These comments indicated that the district vigilance committees (DVCs), set up under the BLSA, had not performed their functions of identifying and releasing bonded labourers.

The Committee notes the Government’s statement that the DVCs are in place. The Supreme Court of Pakistan recently directed that the DVCs in the Province of Punjab be reactivated, and these are now functional and effective. The Committee also notes the information contained in the mission report of the tripartite inter-provincial workshop indicating that the action plans developed by the Provinces of Balochistan, Khyber Pakhtunkhwa and Punjab include reconstituting the DVCs by mid-2014. In this regard, the Committee takes due note of the copies, submitted with the Government’s report, of the minutes of meetings of vigilance committees in July 2013 of the following districts in the Punjab Province: Narowal, Lodhran, Mianwali, Bahawalnagar, Kasur, Vehari, Gujrat, Gujranwala, Sheikhupura, Chakwal, Bahawalpur, Rawalpindi, Sialkot, Attock, Jhelum, Jhang, Sahiwal, Rahim Yar Khan, Pakpattan, Okara, Bhakkar, Multan, Sargodha, Toba Tek Singh, Hafizabad, Khanewal and Chiniot. Moreover, the Committee notes that these time-bound action plans include several provincial initiatives to strengthen monitoring, including undertaking raids related to bonded labour, the establishment of a bonded labour cell within the labour department, and the establishment of an anti-bonded labour force. The Committee further notes the Government’s indication that 370 cases have been registered by the local police related to bonded labour. Taking due note of the information provided concerning the functioning of the district vigilance committees in the province of Punjab, the Committee requests the Government to take the necessary measures to ensure the functioning of these committees in the other three provinces, and to provide information thereon, including copies of monitoring/evaluation reports. Noting that a number of bonded labour cases have been registered, the Committee once again requests the Government to supply information on the legal action taken against employers of bonded labourers, including the number of prosecutions, convictions, and specific penalties applied, as well as copies of relevant court decisions.

3. Data-gathering measures to ascertain the current nature and scope of bonded labour. The Committee previously expressed the firm hope that the Government would carry out a statistical survey on bonded labour in the country. In this regard, the Committee notes the Government’s indication that provincial surveys of bonded labour are included in the Provincial Plan of Action to Combat Bonded Labour of both Sindh and Punjab, and that these provinces are working in consultation with employers’ and workers’ organizations to undertake this survey, using a valid methodology. The Committee also notes the information from the mission report that the Province of Balochistan plans to conduct baseline studies on the phenomenon of bonded labour in the province in autumn 2013. The Committee strongly urges the Government to pursue its efforts to undertake a survey of bonded labour in each province of the country, in cooperation with employers’ and workers’ organizations and other relevant partners. It requests the Government to provide, in its next report, information on the progress achieved in this regard, as well as copies of the surveys, once completed.

The Committee is raising other points in a request addressed directly to the Government.