Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

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

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Observation

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Articles 1(1), 2(1) and 25 of the Convention. I. Debt bondage. 1. Legislative framework. The Committee previously noted the Government’s statement that the Bonded Labour System (Abolition) Act 1992 remained applicable in the Islamabad Capital Territory (ICT) and Balochistan Province. The Committee noted that the Governments of Khyber Pakhtunkhwa (KPK) Province and Sindh Province adopted the KPK Bonded Labour System Abolition Act 2015, and the Sindh Bonded Labour System (Abolition) Act 2015, respectively, both of which contained provisions prohibiting bonded labour, extinguishing remaining debts, and providing for criminal penalties in case of violations. However, the Committee noted the information of the All Pakistan Federation of Trade Unions (APFTU) that, despite the prohibition of bonded labour by law, this practice persisted in brick kilns due to the absence of effective enforcement of the law. The Committee therefore urged the Government to take immediate measures to ensure the effective application of the newly enacted provincial legislation related to the abolition of bonded labour in practice, and to provide information in this regard.

The Committee notes the Government’s information in its report that the Government of Punjab enacted the Punjab Bonded Labour System (Abolition) (Amendment) Act, 2018 and that the Balochistan Bonded Labour Bill, 2019 is under the process of promulgation. It also notes the Government’s information that the Ministry of Overseas Pakistanis and Human Resource Development (OP and HRD) in consultation with the ILO has initiated the “Gap analysis concerning Protocol of 2014 to the Forced Labour Convention, 1930” with the aim of: (i) identifying the extent to which Convention No. 29 and the Protocol have been incorporated into the national laws and policies; (ii) identifying gaps in the application of Convention No. 29 and areas where current mechanisms and actions to address forced labour need to be strengthened to meet the requirements of the Protocol; and (iii) formulating a set of recommendations to support greater compliance with Convention No. 29 and move towards the ratification of the Protocol.

The Committee further notes that according to the findings of the study conducted by the Bureau of Statistics Planning and Development Department of the Government of KPK in May 2017 on bonded labour in the brick kiln industry in the two districts of KPK, of the total of 190 brick kilns in the two districts, a range of four to 270 workers were found working in each kiln. The study reveals that according to the data collected from the workers in the brick kilns, no evidence of forced labour or punishment by owners was found and that they were all treated humanely and according to the laws. The Committee also notes the information from this study that, unlike Punjab, the rights of workers in the brick kiln in KPK are protected mainly due to enforcement of the laws. The Committee requests the Government to continue taking effective measures to eliminate bonded labour in all its provinces, including through the effective implementation of the newly enacted provincial laws abolishing bonded labour and to provide information in this regard. It also expresses the firm hope that the Government will take the necessary measures to ensure the adoption of the Balochistan Bonded Labour Bill, 2019 and requests the Government to provide information on any progress made in this regard.

2. Programmes of action. The Committee previously noted the measures taken by the provincial governments to eliminate bonded labour, such as the adoption and implementation of the Provincial Plan of Action to Combat Bonded Labour and the ILO project entitled “Strengthening Law Enforcement Responses and Action against Internal Trafficking and Bonded Labour” by the Governments of the Provinces of Sindh and Punjab as well as the implementation of the “Elimination of Bonded Labour in Brick Kilns” project in Punjab.

The Committee notes the Government’s information that the Provincial Action Plan to combat Bonded Labour in Punjab is in progress and a Legal Aid Service Unit has been established by the Punjab Labour Department to help the victims of bonded labour. It also notes that the Labour and Human Resources Department of Punjab, with support of the ILO technical cooperation project is undergoing a gap analysis of the project entitled “Elimination of Child and Bonded Labour Project – an integrated project for the promotion of decent work of vulnerable workers in Punjab”. The Committee also notes that the Government of Sindh has released and rehabilitated eight families under bondage from the district of Khairpur. The Government further indicates that the Government of Balochistan is making efforts to adopt a specific development scheme for brick kiln workers through a survey in Balochistan. Furthermore, the Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the National Strategic Framework to Eliminate Child and Bonded Labour in Pakistan, which sets 18 recommendations of actions by provinces to eliminate child and bonded labour, has been adopted in 2017. The Committee encourages the Government to pursue its efforts to combat and eliminate bonded labour, as well as to continue adopting measures aimed at supporting freed bonded labourers. It requests the Government to continue to provide detailed information on the specific measures implemented in the Punjab and other provinces in this regard, including the actions taken under the National Strategic Framework, 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.

3. District vigilance committees (DVCs). The Committee previously noted the Government’s indication that it was impossible to monitor bonded labour through the normal inspection procedure and hence DVCs were established under the provincial bonded labour laws. It noted that the DVCs were operational throughout Punjab while the KPK and Sindh Provinces had enacted new laws on bonded labour, under which the DVCs would be re-established in accordance with the rules framed. Moreover, Balochistan Province indicated that the DVCs would be functionalized without delay. The Committee requested the Government to take the necessary measures to ensure that the DVCs would be re-established in KPK and Sindh Provinces under the new laws and functionalized in Balochistan.

The Committee notes the Government’s information that there are seven DVCs working efficiently in the Province of Sindh. These DVCs comprise the elected representatives of the area, representatives of the District Administration, Bar Associations, press, recognized social services and the Labour Department of the Province. The Government report indicates that the Islamabad Capital Territory (ICT) has also established DVCs to eliminate bonded labour from brick kilns. The Punjab Bonded Labour System (Abolition) (Amendment) Act, 2018 contains provisions to strengthen and streamline inspections and reporting through reactivating the DVCs and redefining the role of authorized inspectors. According to the Government’s report, in Punjab, 188 DVC meetings were held in all the 36 districts in 2018. The Government further indicates that in 2018, 7420 inspections related to bonded labour were carried out in Punjab, 33 complaints were received, 24 complaints were disposed of and one case was referred to the DVC. Moreover, it notes that the Government of Punjab formulated a subcommittee in April 2019 to assist the Provincial Vigilance Committees to review the implementation of the law and action plan relating to the abolition of bonded labour and the rehabilitation of freed bonded labourers; to monitor the working of the DVC; and to address the concerns of the national and international bodies on matters relating to bonded labour. The Committee encourages the Government to continue its efforts to establish, reinforce and strengthen the DVCs in all the provinces, including in Balochistan. It also requests the Government to continue to provide information on the functioning of the DVCs, including the number of bonded labourers identified and rescued, and to provide copies of monitoring or evaluation reports. It further requests the Government to indicate if any legal action has been taken against persons employing bonded labourers, and to provide information on the number of prosecutions, convictions, and specific penalties applied, as well as copies of relevant court decisions.

4. Data-gathering measures to ascertain the current nature and scope of bonded labour. In its previous comments, the Committee urged the Government to pursue its efforts to ensure that a survey of bonded labour would be undertaken in each province of the country in the near future, in cooperation with employers’ and workers’ organizations and other relevant partners.

The Committee notes the Government’s reference to the study conducted in 2017 in the brick kiln industry in the two districts of KPK. The Committee notes the Government’s indication that due to the traditionally hidden nature of the cases of bonded labour, no survey has been conducted so far on bonded labour. However, provinces are making efforts to conduct surveys and research studies on the subject, for formulation of a comprehensive bonded labour eradication policy. The Committee encourages the Government to pursue its efforts to conduct surveys and research studies on bonded labour in all the provinces. It requests the Government to provide information on any measures taken in this regard, as well as copies of the surveys, once completed.

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