Demande directe (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

Demande directe

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Articles 3(a) and 5 of the Convention. Debt bondage and monitoring mechanisms. The Committee previously noted that the Bonded Labour System (Abolition) Act (BLSA) 1992 abolished bonded labour, but it remained ineffective in practice as officials had not yet been able to secure a conviction under this Act. The Committee also noted that district vigilance committees (DVCs) were constituted to monitor the implementation of the BLSA, with meetings being held regularly in most districts and that district complaint cells were also working under the DVCs. The Government also indicated that the Honourable Supreme Court of Pakistan issued a criminal petition in July 2013 directing the Government of Punjab to reactivate the vigilance committees as soon as possible, and that the Government was rigorously pursuing efforts to enforce this decision.

The Committee notes the Government’s information in its report that, the BLSA is still applicable in Islamabad Capital Territory (ICT), Balochistan and Punjab. DVCs are now operational throughout the province of Punjab and 93 meetings were held during the last six months (May–November 2016). However, Khyber Pakhtunkhwa (KPK) and Sindh provinces have recently enacted provincial legislation on bonded labour (KPK Bonded Labour System Abolition Act 2015 and Sindh Bonded Labour System Abolition Act 2015). DVCs will be re established in accordance with the rules framed under the new legislation. Recalling that child bonded labour is one of the worst forms of child labour, the Committee once again requests the Government to continue its efforts to eliminate child debt bondage and to strengthen the capacity of DVCs and law enforcement officials responsible for the monitoring of bonded labour. The Committee also requests the Government to provide information on the operation of the DVCs in ICT, Balochistan and Punjab, and on the re-establishment of monitoring bodies under the new legislation in KPK and Sindh.

Article 3(b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted the absence of provisions in the national legislation prohibiting the use, procuring or offering of a child for the production of pornography or for pornographic performances.

The Committee notes the Government’s information that, the Criminal Law (Second Amendment) Act 2016 has been passed by the Parliament which makes amendments in the Pakistan Penal Code 1860 (PPC) and the Code of Criminal Procedure, 1898 (CrPC) by incorporating serious offences against children, such as child pornography, exposure to seduction, sexual abuse, cruelty to a child and trafficking in human beings. The Committee notes with interest that section 292B of the amended PPC explicitly prohibits child pornography, referring to any production of obscene or sexually explicit conduct by any means involving a child. Moreover, section 292C provides for penalties of imprisonment which may extend to seven years and for fines which shall not be less than 200,000 Pakistani rupees (PKR) (approximately US$1,900), and may extend to PKR700,000 (approximately $6,600). The Committee therefore requests the Government to provide information on the application of section 292B&C in practice, including the number of investigations, prosecutions, convictions and penalties imposed.

Article 6. Programme of action. Child bonded labour. The Committee previously noted the Government’s information on the continued implementation of the National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers. Through the “Fund for the education of working children and rehabilitation of freed bonded labourers”, free legal aid services were provided to bonded labourers in KPK, Punjab, Balochistan and Sindh Provinces, and 75 houses were constructed for the families of ex-bonded labourers in Sindh.

The Committee notes the Government’s information that the Punjab Government has initiated an integrated “Elimination of child and bonded labour” project for the promotion of decent work for vulnerable workers in all 36 districts, with a focus on child labour and bonded labour at brick kilns, along with the rehabilitation of freed labourers for their economic empowerment. The first phase of the project covers ten districts, aimed at rehabilitating 375,000 children through non-formal basic education and skills development, providing economic empowerment to 100,000 families of child labourers, amending and improving legislation relating to child labour, and enhancing the capacity of the inspection staff of provincial labour departments. The Punjab Government is also carrying out a pilot project in four districts (Chakwal, Jehlum, Jhong and Layyah), which focuses on the improvement of access to social services for children engaged in hazardous work and their families, including the provision of education, health services and skills training. The Committee also notes that the Balochistan Government is executing a project for combating the worst forms of child labour, while the KPK Government has adopted a development scheme providing for the establishment of a child and bonded labour unit in the labour department. Moreover, the federal government, in collaboration with the ILO, is currently working on a National Strategy to Eliminate Child and Bonded Labour. The Committee therefore requests the Government to continue its efforts to combat child bonded labour, and to provide information on the implementation of the abovementioned projects, including the number of children removed from bonded labour and provided assistance, disaggregated by age and gender. The Committee also requests the Government to take the necessary measures to ensure that the National Strategy to Eliminate Child and Bonded Labour is adopted in the near future, and to provide a copy once adopted.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for victims. 1. Children working in hazardous work brick kilns. The Committee previously noted the large number of children working in brick kilns under hazardous conditions, and that nearly half of the children under 14 years of age working in brick kilns worked for more than ten hours a day without any safeguards. The Committee noted the Government’s statement that the provincial government of Punjab had launched a project to eradicate child labour in the brick kiln industry.

The Committee notes the Government’s indication that, in January 2016, Punjab province adopted the Prohibition of Child Labour at Brick Kilns Ordinance (now the Act), which prohibits the employment of children under 14 years of age in brick kilns and determines district coordination officers and police officers as inspectors. Since the promulgation of the Act, 8,926 inspections were carried out, 773 children were found in child labour, 220 kilns were sealed, 788 owners and occupiers were arrested, and 269 convictions were handed. Punjab has also created an online portal providing complete information on the number of operational brick kilns, including the number of families working in these kilns, information on children, as well as on the number of inspections conducted and prosecutions lodged. The Ministry of Overseas Pakistanis and Human Resource Development is urging the other provinces to enact necessary legislation and take proactive action in this regard.

The Committee further notes that the Punjab Government has also developed a scheme of assistance for children living and working in brick kilns. The package includes the provision of free uniforms, books, bags and shoes, an allowance of PKR2,000 (approximately US$20) per family upon the enrolment of their children in schools, and a monthly stipend of PKR1,000 (approximately $10) per student on maintaining the attendance. These amounts are distributed to the parents of kiln children through Khidmat cards which are issued by the Punjab Social Protection Authority. The Punjab Government has so far disbursed PKR85.45 million and issued Khidmat cards to 28,486 children working in brick kilns. While welcoming the measures undertaken by the Punjab Government to eliminate child labour in brick kilns, the Committee requests the Government to pursue its efforts to protect children under 18 years of age engaged in the brick kiln sector from hazardous work and forced labour, and to provide information on the results achieved, particularly on the number of children removed from working in brick kilns through inspections and the number of children provided with direct assistance for their rehabilitation and social integration. The Committee also requests the Government to provide information on the progress made in other provinces in this regard.

2. Children working in carpet weaving, tanneries, and the glass bangle industry. The Committee previously noted that despite several projects aimed at withdrawing children from work in carpet weaving, a significant number of children continue to work in this industry and suffered eye and lung diseases due to unsafe working conditions. The Committee also noted that a national project targeting those children could not go ahead due to the lack of funds. The Committee further noted that, according to the rapid assessment studies of bonded labour in different sectors in Pakistan, the glass bangle making industry used 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.

The Committee notes the Government’s information that the Employment of Children Act 1991, the newly enacted laws in KPK and Punjab, as well as the draft laws in ICT, Balochistan and Sindh prohibit the employment of children in carpet weaving, tanneries and the glass bangle industry. Noting an absence of information regarding other measures taken to address child labour in carpet weaving, tanneries and glass bangle 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 these sectors.

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. The Committee also noted the Government’s statement that Provincial Child Protection Bureaux were working to address the issue of child domestic workers, and that complaints cells were operational in Ombudsmen offices at the federal and provincial levels.

The Committee notes the Government’s information that the Domestic Workers (Employment Rights) Bill has been submitted to the Senate and is under review. The Bill is only applicable to the Islamabad Capital Territory (ICT); however, once adopted, it can serve as a model law which would enable the provincial governments to adopt related legislation and apply them at the provincial level. The Bill provides equal treatment to domestic workers as workers in the formal sector, including in respect of the employment contract, occupational safety and health and social security coverage. The Bill also introduces the minimum age of 18 years for live-in domestic workers. The Committee also notes that the Government of Punjab has recently approved its Domestic Workers Policy and will regulate it soon in the province. The Committee therefore requests the Government to take the necessary measures to ensure that the Domestic Workers (Employment Rights) Bill and related legislation at the provincial level are adopted in the near future. The Committee also 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 undertaken and the results achieved in this regard.

2. Street children. The Committee previously noted the increasing number of street children and the lack of a systematic and comprehensive strategy to protect them. 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 KPK. The Committee further noted the Government’s statement that the provincial child protection bureaux were working to tackle the issue of street children. It indicated that these bureaux have their own schools with residential facilities.

The Committee notes the Government’s information that the KPK Government has established a special centre for street children (Zamung Kor-Our Home) on 20 November 2015, which has the capacity of housing 1,000 children. The Centre provides street children with education, health, recreation, sports, boarding, food, career, psychological counselling and other necessary facilities. However, the Committee notes, from the concluding observations of the Committee on the Rights of the Child (CRC) of 11 July 2016, that children living or working on the streets, or whose parents are in conflict with the law, are often dealt with by the police rather than trained staff in child protection centres (CRC/C/PAK/CO/5, paragraph 73). 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 undertaken and the results achieved in this regard, 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. The Committee also noted that negotiations were under way with the Governments of Afghanistan and the Islamic Republic of Iran on this subject with the coordination of the IOM. It also noted that the Government was collaborating with the United Nations Office on Drugs and Crime (UNODC) on measures to combat trafficking in persons.

The Committee notes the absence of information in the Government’s report in this regard. However, the Committee also notes that, the UNODC is implementing a project aimed at strengthening responses against human trafficking and migrant smuggling for the period of 2016–19. 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 and projects coordinated by the UN agencies. It requests the Government to provide information on the progress achieved in this regard.

3. Poverty reduction. The Committee previously noted the Government’s statement identifying increasing poverty as the main cause of child labour and child trafficking. The Committee further noted that the ILO had provided inputs to the Poverty Reduction Strategy Paper II (PSRP-II), highlighting the need for recognizing child labour as a key priority area of concern in the entire poverty reduction endeavour. According to the information contained in the Midyear Finance Report of the PRSP-II, funding had 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 notes, from the Annual PRSP Progress Report for Fiscal Year 2014–15, that the Child Support Programme, the National Centre for Rehabilitation of Child Labour and the Vocational/Dastkari schools saw a growth in disbursement, but a decrease in the number of beneficiaries. The Committee also notes, from the Pakistan Country Development Landscape 2014 by the World Bank, that Pakistan has made impressive progress in reducing absolute poverty during the last two decades. According to the World Bank Poverty and Equity Data, the poverty headcount ratio of people living below the national poverty line has fallen from 64.3 per cent in 2001 to 29.5 per cent in 2013, while the headcount ratio of people living on less than $1.90 a day (international standards) has fallen from 28.7 per cent in 2001 to 6.1 per cent in 2015. Considering that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee welcomes the results achieved in poverty reduction and requests the Government to continue 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.