Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

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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Previous comments: observation and direct request

Article 3(a) of the Convention. Worst forms of child labour. Compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s indication that, in Punjab, no case of recruitment of children under 18 years of age for armed conflict has ever been reported. The Committee notes that the Annual Report of the United Nations Secretary General on Children and Armed Conflict does not report on children being recruited or used in armed conflict (A/77/895-S/2023/363, 5 June 2023, paragraphs 294–98).

Articles 3(a), 7(1) and 7(2)(b). Sale and trafficking of children, penalties and direct assistance to victims. The Committee notes the Government’s indication that, in Balochistan, the standard operating procedures (SOPs) developed under the Prevention of Trafficking in Persons Act (PTPA), 2018, provide that the Labour Department’s role is only to identify victims and that it must then refer cases to the police for investigation. The Government indicates that: (1) 66 labour inspectors received training on the SOPs under the PTPA; (2) three consultative workshops were organized by the Labour Department, with technical support of the ILO for social partners and government officials; (3) in February 2022, the Government launched an awareness-raising campaign in brick kilns and other commercial establishments; and (4) no case of trafficking was reported to, or detected by, the labour inspectorate.

The Committee further notes, from the Government’s report under the application of the Forced Labour Convention, 1930 (No. 29), that: (1) between 2020 and 2022, in Khyber Pakhtunkhwa (KPK), 21 cases of child trafficking for the purpose of commercial sexual exploitation were registered, all of which were prosecuted with one discharge and two acquittals. In the same period, 22 victims were identified (six boys and 16 girls) and 19 victims were sent to shelter homes (six boys and 13 girls); (2) in KPK and Sindh, SOPs were formulated for victim identification, protection, referral and support; (3) in KPK, between August 2022 and May 2023, the labour inspectorate referred 85 cases of children at risk of trafficking to the police for further investigation; and (4) in KPK, in 2022, the labour inspectorate received five internal training sessions on trafficking in persons. The Committee, however, notes the absence of information on the number of convictions regarding trafficking, despite the significant number of cases registered. The Committee requests the Government to continue to provide information on the number of cases that relate to the trafficking of children under 18 years of age as well as the number of investigations and prosecutions carried out and penalties imposed under section 3(2) of the PTPA and of the Prevention of Smuggling of Migrants Act, 2018, which provide for penalties for trafficking in persons. The Committee further requests the Government to provide information on: (i) the measures taken to identify child victims of trafficking, including the application of SOPs; and (ii) the specific measures taken to ensure their rehabilitation and social integration.

Article 3(b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that the Government states that in Punjab, Sindh and ICT, no case of using children for pornography was reported. The Committee notes, from the website of the Federal Investigation Agency (FIA), that it has a Cyber Crime Wing with the power to receive complaints and take legal measures against cyber criminals, including child pornography. The Committee once again requests the Government to provide information on: (i) the measures taken, including by the FIA, to combat the use, procuring or offering of a child for the production of pornography or for pornographic performances; and (ii) the application in practice of section 11(3) of the Punjab Restriction on Employment of Children Act, 2016, and section 14 of the Sindh Prohibition of Employment of Children Act, 2017, as well as section 292B and C of the Pakistan Criminal Code which applies to the other provinces and the ICT, including the number of investigations, prosecutions, convictions and penalties imposed.

Articles 3(d) and 7(2)(b). Hazardous work and direct assistance to victims. Children working in brick kilns. The Committee previously noted that a large number of children are 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 notes with interest the Government’s indication that in the framework of the review of the labour legislation in Punjab and Sindh, in cooperation with the ILO, it is planned to identify the processes which are hazardous in the brick kiln industry and include them in the list of hazardous work prohibited to children under 18 years. The Committee further notes the Government’s indication that, in Punjab, 41 children performing labour at brick kilns were referred to the Child Protection and Welfare Bureau for rehabilitation. The Government further indicates that despite the numerous labour inspections undertaken in Balochistan and KPK, no violation was found in brick kilns. The Committee encourages the Government to pursue its efforts in Sindh and Punjab to identify the hazardous processes in the brick kiln industry and include them in the list of hazardous work. It requests the Government to provide information on: (i) any progress reached in this regard; (ii) the measures taken or envisaged, both in law and in practice, by other provincial governments to protect children under 18 years of age engaged in the brick kiln industry from hazardous work and the results achieved; (iii) the number of children removed from working in brick kilns through inspections; and (iv) the number of children provided with direct assistance for their rehabilitation and social integration.

Children working in carpet weaving and the glass bangle industry. The Committee previously noted that a significant number of children work in the carpet weaving industry and suffered eye and lung diseases due to unsafe working conditions. The Committee also noted that the glass bangle manufacturing industry used children as young as 11 years of age and 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 statement that in Punjab, there have been no incidents of child labour in the carpet weaving industry and there is no glass bangle manufacturing factory in the province. It further notes with interest that the Balochistan Employment of Children (Prohibition and Regulation) Act, 2021, includes work on glass and metal furnaces and glass bangles manufacturing in the list of hazardous work prohibited to children under 18 years. However, the Committee notes that no information is provided on the application in practice of the legislation in the provinces of Sindh, Balochistan, KPK and the ICT administration. The Committee requests the Government: (i) to provide information on the application in practice of the provisions prohibiting hazardous activities in the carpet weaving and glass bangle manufacturing factories contained in the respective laws of the provinces of Sindh, Balochistan and KPK and the ICT administration; and (ii) to continue to provide information in this respect for the province of Punjab. The Committee also requests the Government to provide information on: (i) the measures taken or envisaged for the removal, rehabilitation and social integration of children working in these sectors and the results achieved; and (ii) any assessment made of the extent of child labour, including hazardous work, in the carpet weaving and glass bangle industries in the country.

Article 6. Programme of action. Child bonded labour. The Committee notes the Government’s indication that, in Sindh in 2021, a multi-level stakeholder consultation was organized for community-based monitoring and remediation of child labour, to sensitize participants to the Sindh Bonded Labour (Abolition) Act, 2015, and the Prohibition of Employment of Children Act, 2017. The Sindh Bonded Labour System (Abolition) Rules were notified in June 2021. The Committee further notes that various trainings were provided to members of District Vigilance Committees (DVCs) in Sindh on child bonded labour. In Balochistan, the Government indicates that under the National Strategic Framework to Eliminate Child and Bonded Labour in Pakistan (National Strategy), several targets were achieved, including: (1) the adoption of the Balochistan Employment of Children (Prohibition and Regulations) Act, 2021; (2) the training of labour inspectors, law enforcement authorities, NGOs and social partners on international labour standards; and (3) the development of a format for labour inspection on child and bonded labour. The Committee also takes note of the results achieved in KPK under the National Strategy, including: (1) reactivation of DVCs; (2) reactivation in progress of the Child and Bonded Labour Unit; (3) creation in progress of the KPK Coordination Committee on Child Labour; (4) number of inspectors increased; and (5) survey on child labour almost completed.

The Committee also notes, from the Government’s report to the United Nations Committee on Economic, Social and Cultural Rights (CESCR) that the KPK Labour Department, in collaboration with other stakeholders, has prepared an Action Plan for the elimination of bonded labour, in the framework of its provincial labour policy. Under this Action Plan, the following administrative measures are considered: (1) introduction of work contract; (2) legalizing advances with mode of repayment; (3) linking the families with micro- credit institutions; and (4) working on alternative solutions for rehabilitation of affected children and families, such as linking the families with social protection schemes and social safety nets (E/C.12/PAK/2, 22 June 2023, paragraph 72). The Committee requests the Government to continue to provide information on the implementation of the National Strategy to eliminate child bonded labour and its impact in eliminating child bonded labour, including in provinces other than Balochistan and KPK. It also requests the Government to provide information on the implementation of any other projects at the provincial level to combat child bonded labour, and to provide information on the results achieved, including the number of children removed from bonded labour and provided with assistance, disaggregated by age and gender.

Sale and trafficking of children. The Committee takes note with interest of the National Action Plan (NAP) to Combat Human Trafficking and Migrants Smuggling 2021–25, with the overall goal of combating human trafficking and smuggling of migrants, including children, by strengthening capacities of key institutions through capacity building, awareness raising, coordination, gender and age disaggregated data management, establishment of necessary mechanisms and international cooperation. The priority actions outlined in the plan are divided into seven strategic objectives with several tactical actions. The Committee notes that the FIA is responsible for the execution of the NAP and that, for each priority objective, a clear list of indicators was drafted, to assess the progress achieved. The Committee requests the Government to provide information on the implementation of the NAP to Combat Human Trafficking and Migrants Smuggling 2021–25 with regard to the measures taken to prevent and address trafficking of children specifically, and the results achieved, including by providing information the number of children removed from this worst form of child labour and provided with assistance, disaggregated by age and gender.

Article 7(2). Clause (d). Identifying and reaching out to children at special risk. Children in street situations. The Committee notes, from the Government’s report to the United Nations Committee on the Rights of the Child (CRC), that: (1) a Child Protection Institute was inaugurated in June 2021 in ICT which provided 113 children in street situations with various services; (2) the Balochistan District Education Plan 2016–21 aimed, among others, to enrol children in street situations in schools; (3) the Sindh Child Protection Authority started an anti-beggary campaign in 2021 to address the root causes of beggary and children in street situations; and (4) a street children project was implemented in Peshawar during 2019–20, in which 3,190 (268 girls and 2,922 boys) benefitted from protection services (CRC/C/PAK/6-7, 3 August 2023 paragraphs 268, 273 and 274). The Committee also notes that section 11 of the Balochistan Employment of Children Act, 2021, provides that the Government shall draw a comprehensive and time-bound action programme for the effective elimination of child labour and its worst forms and the rehabilitation of such children, targeting the entire child population in the province, especially those aged 5 to 14 years, that may also address the issue of children in street situations. The Committee notes that, in Punjab, the Child Protection and Welfare Bureau is responsible for providing support services and ensuring the rehabilitation of children in street situations, including by providing shelter, medical examination, physical therapy, school administration, family tracing, adoption and reunification. Recalling that children in street situations are particularly vulnerable to the worst forms of child labour, the Committee encourages the Government to continue taking effective and time-bound measures to protect these children from engaging in, and withdraw them from, the worst forms of child labour and provide for their rehabilitation and social integration. It requests the Government to provide information on: (i) the specific measures undertaken, and the results achieved in this regard, particularly by indicating the number, age and gender of children in street situations benefiting from shelter and other rehabilitative services; and (ii) the effective and time-bound action programme adopted under section 11 of the Balochistan Employment of Children Act, 2021.