Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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

Autre commentaire sur C182

Observation

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The Committee notes the observations of the Pakistan Workers Federation (PWF) received on 19 October 2017. The Committee requests the Government to provide its reply to these observations.

Article 3(a) of the Convention. Worst forms of child labour. Compulsory recruitment of children for use in armed conflict. The Committee previously noted that terrorist activity had been minimized following military operations in the affected regions of the country, and that the recruitment of children for terrorist activities had been reduced. The Government also indicated that an awareness-raising campaign was carried out by law enforcement agencies in cooperation with religious leaders on the offence of recruiting children for armed conflicts, with positive results. The Committee also noted from the information contained in the report of the UN Secretary-General on children and armed conflict that, in 2011, 11 incidents were reported of children being used by armed groups to carry out suicide attacks, involving ten boys, some as young as 13, and one 9-year-old girl. This report also indicated that a rehabilitation and reintegration programme in Malakland for children taken into custody by the Pakistan security forces due to alleged association with armed groups, received 29 new cases in 2011.

The Committee notes the Government’s information that in its report it is making utmost efforts to prevent the use of children by terrorist and extremist groups. Punitive action is being taken against those who use children for terrorist activities. The Government also indicates, in its written replies to the Committee on the Rights of the Child (CRC) of 11 April 2016, that Pakistan’s armed forces do not deploy persons under the age of 18, and that terrorists cannot legally recruit any person including children because formation of private military organisations is prohibited under article 256 of the Constitution and the Private Military Organisations (Abolition and Prohibition) Act of 1973 (CRC/C/PAK/Q/5/Add.1, paragraph 65). However, the Committee notes that the CRC expressed its grave concern in its concluding observations of 11 July 2016 that children continue to be targeted for recruitment and training by armed groups for military activities, which include suicide bombing and detonating landmines, and are transferred to the front lines of conflict areas. The CRC states that insufficient measures have been taken by the Government to prevent such recruitment (CRC/C/PAK/CO/5, paragraph 69). The Committee must express its deep concern at the situation of children affected by the armed groups in Pakistan. The Committee therefore urges the Government to intensify its efforts to put an end, in practice, to the forced or compulsory recruitment of children for use by armed groups, and proceed with the full and immediate demobilization of all these children. It urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and that sufficiently effective and dissuasive penalties are imposed.

Articles 3(a) and 7(2)(b). Sale and trafficking of children and direct assistance to victims. The Committee previously noted that pursuant to the Prevention and Control of Human Trafficking Ordinance of 2002 (PCHTO), human trafficking for the purpose of sexual exploitation, slavery or forced labour is prohibited. The Committee noted the Government’s statement that the Federal Investigating Agency (FIA) in Pakistan is responsible for the implementation of the PCHTO. The Committee also took note of the Anti-Human Trafficking report provided with the Government’s report, which indicated that until 31 October 2009, 235 child victims of trafficking had been identified (95 boys and 140 girls). This report indicated that 21,735 cases against traffickers were registered, which resulted in 3,371 convictions, as well as 147 disciplinary cases against law enforcement officers for complicity.

The Committee notes the Government’s information that the Criminal Law (Second Amendment) Act 2016 has been adopted, which adds section 369A to the Penal Code providing for imprisonment of five to seven years, or a fine from 500,000 Pakistani Rupee (PKR) to PKR700,000, or both, for the trafficking of human beings. The Committee notes, from the Government’s written replies to the list of issues in relation to the fifth periodic report to the CRC of 11 April 2016, that during the reporting period (from 2009 onwards), 1,679 persons allegedly involved in human trafficking cases were arrested by the FIA (CRC/C/PAK/Q/5/Add.1, paragraph 62). However, the Committee notes that the CRC expressed its concern, in its concluding observations on the fifth periodic report of 11 July 2016, that Pakistan remains a significant source, destination and transit country for children trafficked for purposes of commercial sexual exploitation and forced or bonded labour (CRC/C/PAK/CO/5, paragraph 75). The Committee also notes from the Global Report on Trafficking in Persons 2016 of UNODC that, from January to September 2015, 287 child victims of internal trafficking were identified; while in 2013 and 2014, 402 and 571 child victims were identified respectively. However, no child victims were identified in cross-border trafficking offences from January 2012 to September 2015. The Committee therefore urges the Government to strengthen its efforts to combat and eliminate trafficking in children, and to provide information on the measures taken in this regard, particularly the number of persons convicted and sentenced for cases involving victims under the age of 18. The Committee also urges the Government to take the necessary measures to strengthen the procedures for identifying child victims of trafficking and to ensure that these children are referred to the appropriate services for the purposes of rehabilitation and social integration. 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.

Articles 3(d) and 4(1). Hazardous work. With regard to the adoption of the list of hazardous work, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(2)(a) and (e). Effective and time-bound measures. Preventing the engagement of children in the worst forms of child labour. Access to free basic education and special situation of girls. The Committee previously noted that, under the Education Sector Reform Programme, the provinces were taking measures, including to increase the availability of schools in rural areas, to provide free text books, recruit teachers and focus on female education. However, the Committee also noted the information in the report prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review of 13 August 2012, that as many as 7.3 million primary school-age children (57 per cent of which were girls) were out of school (A/HRC/WG.6/14/PAK/2, paragraph 57). It also noted the information contained in United Nations Educational, Scientific and Cultural Organization (UNESCO) 2012 “Global Monitoring Report – Education for All” that, while Pakistan had the second largest number of out-of-school children in the world, it continued to reduce education spending.

The Committee notes the absence of information on this topic in the Government’s report. However, the Committee notes that the CRC, in its concluding observations of 11 July 2016 (CRC/C/PAK/CO/5, paragraph 61), expressed its concern at the absence of a compulsory education law in Khyber Pakhtunkhwa (KPK) province and the Gilgit-Baltistan autonomous administrative territory, and the poor enforcement of education laws in provinces where they do exist. Moreover, a large number of children (47.3 per cent of all children aged 5 to 16 years) were not enrolled in formal education, of which the majority have never attended school. In addition, the dropout rate for girls is reportedly as high as 50 per cent in Balochistan and KPK and 77 per cent in the Federal Administered Tribal Areas. The Committee must express its deep concern at the low enrolment rates in formal education and the high drop-out rates among girls. Considering that free basic education is one of the most effective means of 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 free basic education for all children, 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 achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates and the number of out-of-school children. To the extent possible, this information should be disaggregated by age and gender.

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 with a view to carrying out a National Survey on Child Labour. However, the Committee notes the information from ILO–IPEC of September 2012 according to which agreement on a methodology for the survey was not possible, and that the survey was therefore cancelled.

The Committee notes the Government’s indication that, with the assistance of UNICEF, child labour surveys are being organized in provinces. The Committee also notes that, the International Labour Standards Unit in the Ministry of Overseas Pakistanis and Human Resources Development and created the first detailed national profile on child labour and children in employment, based on the available information from the Labour Force Survey, published from 2010 onwards, using the ILO Global Estimation Methodology on Child Labour. According to this national profile, 3.7 million children are engaged in child labour, of which 2.067 million (55 per cent) are in the 10–14 year age group, while the remaining 1.641 million (45 per cent) are in the 15–17 year age group and engaged in hazardous work. Among the children aged 15–17 years engaged in hazardous work, 89 per cent (1.47 million) are boys. The Committee expresses its deep concern at the high number of children engaged in hazardous work in Pakistan. The Committee therefore urges the Government to intensify its efforts to eliminate the worst forms of child labour, particularly hazardous types of work, and requests it to continue providing information on any progress made in this respect and on the results achieved. The Committee also requests the Government to continue to provide information regarding the child labour surveys organized in the provinces, 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 measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by age and gender, and nature of the work performed.

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