Individual Case (CAS) - Discussion: 1999, Publication: 87th ILC session (1999)

A Government representative of Pakistan indicated that the Government agreement on the elimination of child labour in the carpet-making industry was signed on 22 October 1998, between the International Programme for the Elimination of Child Labour (IPEC) of the International Labour Organization and the Pakistan Carpet Manufacturers' and Exporters' Association (PCMEA). It sought to create a project to initially phase out some 8,000 children involved in the carpet industry within a period of 36 months. He pointed out that the agreement had been concluded with the general overall objective of meeting the deadline in the South Asian Association for Regional Cooperation (SAARC) Male (Maldives) Declaration on Eliminating Child Labour by the end of 2010. Other objectives were to prevent further entry of children into the industry, as well as to withdraw those children already in the industry.

The Government's commitment to the elimination of bonded labour was evident from the fact that, on 21 May 1997, it signed an agreement with the European Commission and the International Labour Organization to launch a programme to eliminate bonded child labour in Pakistan. The programme would raise awareness on exploitative and hazardous child/bonded labour practices; increase the capacity of the government machinery, employers' and workers' organizations and NGOs to withdraw children from bondage and prevent children from entering into bondage. The programme targeted the small group of child/bonded labour and their families. Its major focus was on rehabilitation activities.

No survey along the lines of an IPEC survey had been carried out regarding child and adult bonded labour. However, he pointed out that the IPEC survey was considered to have included all working children including those working in bondage. The only entity in Pakistan apart from the Government in a position to provide a figure on the number of bonded workers was the Human Rights Commission. He indicated that this problem existed almost exclusively in the Province of Sindh and in some areas of Punjab. He considered that the number of bonded labourers, children and adults was between 5,000 and 7,000. Efforts to address this problem were hindered by the problem of visibility. As bonded labour was forbidden under the law, those using it went to considerable lengths to hide it. He gave examples of raids conducted to uncover incidents of bonded labour, concluding that the problem of visibility posed an obstacle to the full and effective implementation of the Bonded Labour System Abolition Act, 1992. He confirmed that those cases of bonded labour brought to light were immediately investigated.

The Government provided statistical data on prosecutions and convictions under the Employment of Children's Act, 1991. The Government indicated, however, that the 1998 data was not complete. The final figure for 1998 was, therefore, likely to be significantly higher than the figures quoted. The actual number of inspections would also be much higher, as inspections and prosecutions were also carried out under other laws which had a bearing on the employment of children. Data on inspections carried out under the Bonded Labour System Abolition Act, 1992, were in the process of being compiled and would be provided to the Committee of Experts in the Government's next report.

The Government had initiated a media campaign to raise awareness of the problem of child and bonded labour involving newspapers, radio and television. The Ministry of Labour (Directorate of Workers' Education) was publishing a number of documents, posters and flyers for this purpose and had also broadcast a TV documentary in 13 episodes that had created much interest and awareness on the issue of child labour. The Ministry of Labour was also publishing a newsletter on child labour called "The Future". Copies of this newsletter were being provided by the Ministry of Labour to the ILO Office in Islamabad.

Regarding the query of the Committee of Experts as to whether petitions filed in the Federal Shariah Court would affect the application of the Bonded Labour Abolition Systems Act, 1992, and whether the Government would defend the Act in court, he noted that the Government would defend the Act. Its application would not be affected because of the court petitions. He noted that the Advisory Committee on Child Labour was charged with overseeing the implementation of the action plan and policy strategy drawn up by the Task Force on Child Labour. The Task Force had formulated an outline for child labour policy and an action plan. The provincial governments were preparing action plans to give effect to the policy strategy within their provinces. The policy strategy and action plan would be finalized as soon as all of the action plans of the provincial governments were received. The Advisory Committee would then start functioning. The Government would communicate all relevant documentation adopted by the Advisory Committee to the Committee of Experts as soon as it was available. As regards the reports of the Human Rights Commission of Pakistan and the National Commission on Child Welfare and Development (NCCWD), he pointed out that the Human Rights Commission of Pakistan was an NGO with no links to the Government. Its annual report was a public document for sale in Pakistan. The Government representative indicated that Pakistan's second periodic report to the UN Committee on the Rights of the Child was being prepared by the NCCWD. A copy would be provided to the Committee of Experts upon completion. Referring to the composition of the district vigilance committees, he explained that these were chaired by the Deputy Commissioner of the district, with representatives from the police, judiciary, the bar, the municipal authorities, trade unions, employers' unions and NGOs. The district administration was represented in the Committee; therefore, complaints lodged with the district administration were automatically referred to the vigilance committee. Details of the number and character of cases filed and offences tried by district magistrates were in the process of being compiled and would be provided to the Committee as soon as they became available. Monitoring teams set up in 1997 had completed their visits to the provincial headquarters by making direct contacts with the district authorities and members of the vigilance committees of the respective districts. This year, the Secretary of the Ministry of Labour had visited various provinces of Punjab, Sindh and Balochistan and held meetings with the provincial authorities on the implementation of the Bonded Labour System (Abolition) Act. Participation of employers' and workers' organizations had been ensured in the vigilance committee established at district level under the 1992 Act and the 1995 rules.

The Government had attempted to progressively limit the scope of the Essential Services Act, 1952, which was now limited to only five services. Additionally, amendment of the Act would be considered by the newly established Tripartite Commission on Consolidation, Simplification and Rationalization of Labour Laws. The report of this Commission would be available in due course. In conclusion, he emphasized his Government's commitment to the elimination of bonded and child labour. He asked the Committee to note that the Government had answered almost all of the points raised and stated that any outstanding points would be answered in the Government's report to the Committee of Experts. He noted the Government's financial contribution through the Bait-ul-Mal for programmes for the elimination of child labour. Further, he indicted that the Sialkot project in the Sialkot industry was serving as a model for others. He also noted that the employers and the Government of Pakistan had contributed substantial sums of money towards its implementation, and that the workers of Pakistan, despite their difficult circumstances, had also contributed towards this project. He confirmed the expression of Pakistan's will to deal with the issue of child and bonded labour and expressed the hope that the Committee would take note of the Government's commitment in this regard.

The Employer members thanked the Government for the information provided to the Committee and noted that of the 12 requests for information made by the Committee of Experts, the Government had responded in full to nine. While the information was very useful, the scope of the information requested illustrated the dimensions of the problem. They noted that the case had been discussed 12 times since 1982 and had been noted three times in special paragraphs. The case dealt with both adult and child bonded labour, which was an intractable problem. As the Government had pointed out, bonded labour was by its very nature hidden; therefore, it was difficult to obtain accurate figures; however, they suggested that the figures presented by the Government were too low. They asserted that the problem was a difficult one requiring ongoing vigilance.

On the issue of child labour, they welcomed the indications that the Government had been taking a series of positive steps, including through programmes such as the ILO's International Programme for the Elimination of Child Labour (IPEC), initiatives of the European Commission and the United Nations Children's Fund. They also noted the regulations adopted to enforce the provisions of the Bonded Labour System (Abolition) Act, 1992, and the Employment of Children Act, 1991. As a result, cases had been brought before the Vigilance Committees which had been strengthened. It was recalled that it had taken some time for these committees to become effective. The Employer members welcomed that the Government had also established four monitoring teams to assess the effectiveness of these committees.

With regard to adult bonded labour, the Committee of Experts had requested detailed information as to the role of the district magistrates pursuant to the 1992 Bonded Labour (Abolition) Act, 1992, in identifying, freeing and rehabilitating bonded labourers. They stated that one of the weaknesses of the law was the relatively weak rules for the rehabilitation of released bonded labourers.

Finally, concerning the problem of restrictions on termination of employment for employees without the consent of their employers, which can result in imprisonment of up to one year, they noted that this related to essential services. They emphasized that the critical issue was the freedom of workers to terminate employment with notice, and they regretted that the Government had provided no recent information on this point.

In conclusion, they called on the Government to take measures at all levels to address the question of bonded labour. While they applauded what the Government had done thus far, they stressed that, given the dimensions of the problem, much more still needed to be done.

The Worker members thanked the Government representative for the information provided. They recalled that the case of Pakistan had been discussed five times in the 1990s and the last time -- in 1997 -- it had been the subject of intensive debate. The Committee had constantly urged the Government to intensify its action to ensure the effective elimination in practice of child and adult bonded labour. The basic legislation had been in compliance with the Convention for a number of years, but the problem was its application. The observations of the Committee of Experts were not only based on the Government's report, but also on the information supplied through programmes such as IPEC, and in the comments from the All Pakistan Federation of Trade Unions. The observations related to bonded child labour, bonded labour generally, and restrictions on the freedom to terminate employment.

With regard to bonded child labour and bonded labour generally, the Committee of Experts had underlined the seriousness of the problems raised. On the basis of the figures supplied by the Government and the statistics available, it considered that there were between 2.9 and 3.6 million child labourers (between the ages of 5 and 14). Moreover, according to the Committee of Experts, adult bonded labour still appeared to be widespread. The Government had never provided detailed figures on the number of bonded child labourers. For some years, it had recognized the extent of the problem, but confined itself to querying the estimates. It considered that the figures were too high. The Worker members feared, however, that the numbers cited by the ILO were closer to the truth.

The Worker members had for several years urged the Government to draw up viable action programmes, especially to promote awareness, detect, punish and prevent cases, and provide support to freed children. The Government representative had stated that the data received through inspections and other action taken would be transmitted to the Office. The Committee of Experts would have to study them.

The Committee of Experts had noted with interest that the Government had already taken measures to cooperate in particular with IPEC, UNICEF and the European Union. The agreement between the Government and IPEC, which aimed at eliminating child labour in carpet manufacturing, should also be noted. These measures were undoubtedly a small step forward, but they had to be seen in the light of the problem as a whole, and in relation to the actual impact in the provinces and districts, as well as sectors such as brickworks, carpet weaving, building and agriculture. Furthermore, it should not be forgotten that certain social movements and associations in Pakistan had made significant efforts to mobilize against bonded labour. After 1992, the Bonded Labour Liberation Front had launched a campaign to release children in the carpet sector. It had managed to free 30,000 children and had sent 10,000 children to school. Among the 30,000 children freed was the young boy Iqbal Masih, who had subsequently been killed as a result of his action to free children. His case had become known worldwide. Unfortunately, such organizations did not always receive support from the public authorities. Some federal and provincial authorities were sometimes more interested in neutralizing action by social organizations than in trying to free children and adults. The founder of the Bonded Labour Liberation Front, Ehsan Ullah Khan, was accused by the authorities of high treason.

According to the information available to the Worker members, the effectiveness and the number of Vigilance Committees operating were very limited. Action by such committees was, however, essential in order to initiate proceedings and complaints that would free children. The courts did indeed pronounce sentences and issue orders to free children, but the police and the authorities did not carry them out promptly.

Like the Committee of Experts, the Worker members considered that awareness-raising and the various mechanisms and procedures should be considerably reinforced. The Committee of Experts had called on the Government to provide more information on the following points: the cooperation between the Vigilance Committees and magistrates; the resources available to the Vigilance Committees; the operation of the Vigilance Committees, including data and figures concerning the actual members of the committees (according to the regulations in force, 18 categories of persons could belong to the committee and the workers' organizations only had one seat); the procedures envisaged to free the children involved (according to the information available to the Worker members, the implementing regulations for the 1995 Act did not appear to contain any indications on the procedures to be followed in order to free bonded child labourers); and the budgets and programmes envisaged to reintegrate children and adults so that they did not return to being labourers.

The famous Supreme Court ruling of 1988 that pronounced bonded labour as unconstitutional had raised concrete hopes among the workers involved. Two Acts had been adopted: the 1991 Employment of Children Act, and the 1992 Bonded Labour System (Abolition) Act. Bonded labour still existed, however, particularly in the informal and agricultural sectors because a large proportion of the population did not yet have a sufficient level of awareness.

In its report, the Government referred to opposition against the Bonded Labour System (Abolition) Act on the basis of the Shariah. The Government should provide the Committee of Experts with information on the negative impact of such opposition on the application of the 1992 Act and the effective liberation of the workers concerned. The Government should also indicate what measures had been taken to overcome the opposition. The Worker members asked that their request be taken into account in the Committee's conclusions, together with the request of the Committee of Experts for detailed information essential to assess the real impact of the measures, action and programmes announced by the Government. Those measures, action and programmes should be commensurate with the gravity of the situation.

Regarding restrictions on the freedom to terminate employment, the Committee of Experts had once again emphasized that the provisions of the federal and provincial Essential Services Acts prescribed terms of imprisonment for workers who terminated employment without the consent of the employer. The Government seemed to have narrowed the list of jobs concerned to five categories since the last discussion in the Committee. The Acts had not been amended, however. On a number of occasions, the Government had declared its intention to amend the legislative provisions, but it had not yet fulfilled its promises. The Committee of Experts had pointed out that, in its 1996 report, the Government had mentioned that a report had been drawn up by a tripartite working group and that it would consider the recommendations. There had been no further information on the matter, either at the 1997 Conference nor in the latest report by the Government.

The Worker members concluded by stressing that the imposition of penal sanctions in order to bind a worker to an employer was tantamount to forced labour and that, consequently, the Committee's conclusions should underline the fact that the Government must honour its promises.

The Worker member of Pakistan stated that Pakistan, with a population of 140 million, was an important country. He noted that at the time of independence, it was declared that the country would be a democratic and egalitarian one where workers' rights would be ensured. Concerning the Government's assertion that those services considered as essential were being decreased to five, he stated that these categories were in fact now broader than before. In 1998, the Government had committed itself to amending the Essential Services (Maintenance) Act after tripartite consultation; however, as the Committee of Experts had noted, no information had since been given as to what measures were envisaged or had been taken to amend this Act to bring it into conformity with the Convention.

He referred to the case of the suspension of trade union rights of 130,000 workers employed in the largest public utility in the country, the Pakistan Water and Power Development Authority (WAPDA), by exempting WAPDA from the application of the Industrial Relations Ordinance, 1969, and the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, for a period of two years. He stated that as an essential service, the workers' right to terminate their employment was severely restricted and they were denied the right to an independent enquiry. Workers had been subjected to longer hours and were required to undertake very difficult work in difficult conditions. In his view, this constituted a violation not only of the Convention, but also of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). He noted that a complaint concerning WAPDA had been submitted to the Committee on Freedom of Association and to the Supreme Court. Said restrictions were not only extended by the Government to WAPDA, but also to KESC, suspending their trade union rights. They have been denied job security in comparison with other workers in the country. Management is authorized to dispense with the services of these workers without providing any reason, in violation of ILO Conventions Nos. 29, 87, 105 and 111 ratified by the Government of Pakistan. These restrictions have been placed in the recent ordinance. He also referred to the comments of the Committee of Experts on Conventions Nos. 87, 98 and 105 wherein they declared that the restrictions placed on the rights of workers in the banking and railroad sectors and EPZs were contrary to the ratified Conventions and urged the Government to withdraw these undue restrictions. He requested the Government representative to inform the Committee as to whether and when these restrictions would be lifted, and when the Government intended to fulfil its obligations under the relevant Conventions and the national Constitution.

He submitted that the issue of bonded labour and child labour was a scourge and a crime against humanity. As the Government had acknowledged that such practices still existed, he called on the Government to demonstrate the required political will to remedy the situation. He stressed that children born into bonded labour were denied any chance to develop, and that this was a violation of their right to equal opportunity. He invited the Government to allocate more resources to the education and training of the poor, and to ensure effective punishment for those carrying out bonded labour, including by imposing prison sentences rather than just fining the offenders. He also cited the example of his trade union centre, which had opened a Free Training Competition Centre and had started providing free books by one of the major trade unions to the children of deceased and disabled workers on a modest scale in order to promote education among the children of the poor. He extended full support for the elimination of the scourge of child labour and appreciated the role played by ILO/IPEC in Pakistan in the soccer, surgical and carpet industries in raising awareness of the need to eliminate child labour. On the issue of the Vigilance Committees, he stated that these would be more effective if trade unions were permitted to lodge complaints. He called on the Government to ratify and implement the Convention on child labour being discussed at the present session of the Conference.

The Worker member of Ireland stated that the very detailed and comprehensive comments made by the Committee of Experts was a clear indication of the gravity of the ongoing problem of bonded child and adult labour in the country. Even though ten years had passed since the Supreme Court had declared bonded labour to be unconstitutional, the Committee of Experts noted that there were still between 2.9 million and 3.6 million child labourers between the ages of 5 and 14 years in the country. In relation to adult bonded labour, the Committee of Experts had observed that this still appeared to be widespread.

The Bonded Labour System (Abolition) Act had been enacted in 1992 and the rules for its implementation in 1995. An elaborate administrative system had also been put in place, presumably with the dual aims of maintaining and enforcing compliance with this legislation. The Committee of Experts had referred to the following bodies: the National Commission on Child Welfare and Development; the Advisory Committee on Child and Bonded Labour; the Vigilance Committees at the provincial and district levels; and the four monitoring teams established by the Ministry of Labour. These bodies and structures represented an elaborate network of monitoring and compliance mechanisms. It was, therefore, very difficult to understand why child and adult bonded labour continued to be such a persistent and widespread phenomenon in the economic infrastructure of the country. The report of the Committee of Experts provided a partial answer with its comments on the lack of transparency in the manner in which these bodies functioned and interacted with each other. Indeed, it had requested an explanation of how the Vigilance Committees and the district magistrates cooperated. It had also noted the absence of information on the number and nature of cases filed and dealt with by district magistrates. The Committee of Experts had sought clarification on the mandate and impact of the Advisory Committee on Child and Bonded Labour. It was necessary to know, for example, whether it had produced any reports or recommendations.

In view of the magnitude of the problem of bonded labour in Pakistan, serious questions needed to be asked by the Committee about the failures of these official mechanisms to have any significant impact on the problem in practice. This situation raised doubts about the commitment of the authorities to effectively and seriously address this issue. There was ample evidence that efforts to secure the release of bonded labourers were hampered by a lack of cooperation by local officials. Bonded labourers themselves faced enormous difficulties when police regularly refused to register their complaints on matters ranging from debt bondage to physical assault and abduction. It was, therefore, clear that unless and until the authorities at all levels, and particularly at the local level, actively and consistently enforced the law on the abolition of bonded labour, the practice of bonded child and adult labour would flourish in Pakistan in the face of official bureaucratic inertia, inefficiency and lack of will.

Finally, she expressed concern at the harassment by the authorities of the leaders and activists of the non-governmental organization, the Bonded Labour Liberation Front (BLLF). The arrest and torture of Zafar Yab, the Treasurer of BLLF, was to be deplored.The trumped-up charge of high treason brought against Ehsan Ullah Khan, the founder of BLLF, discredited the judicial and legal system in the country.

The Worker member of India commended the Committee of Experts on its treatment of this case and concurred with its conclusions. He stated that the number of child labourers in the country was far more than the 2.9 to 3.6 million acknowledged by the Government, but rather was three to four times that figure. While the Government had stated that the figures on bonded child labour previously provided by the Committee of Experts were exaggerated, it had not provided its own figures. Nor had the Government supplied statistics concerning the inspections that had been carried out, the court cases filed, or the number of convictions and the nature of the penalties imposed for those violating the legislative provisions concerning child labour. He emphasized that although there were constitutional as well as legal provisions prohibiting bonded child labour, the problem was difficult to overcome since it was closely linked to the very powerful drug trade that was flourishing in the country. He called on the Government to honour the Convention, which would first require it to develop the political will to eradicate forced labour. He stressed that the abuse of female child labourers in particular called for immediate and serious action. Laws alone would not be sufficient, and he urged the Government to work in concert with the social partners in this regard, as they had clearly shown that they were willing to assist in these efforts. He also called on the Government to follow the example of India, which was in the process of enacting legislation setting the minimum age for employment at 14 years, which would result in decreasing the incidences of forced labour and child labour.

The Worker member of the United States stated that he was surprised and pleased to see that the Worker member of Pakistan was present to join in the discussion given the crisis that had been facing the trade unions in his country, particularly regarding the recent suspension of trade union rights of workers employed at the Pakistan Water and Power Development Authority.

He indicated that this was a case of serious and persistent problems of bonded labour and child labour. While noting that the Government had taken some steps to address the problem, one could clearly detect a continuing concern on the part of the Committee of Experts that the practice continued to be widespread and that the Government did not seem to be able or willing to grasp the dimensions of the problem. This was evidenced by the fact that the Government had provided no credible estimates of its own, while insisting that the figures based on the Child Labour Survey, conducted with the technical assistance of the ILO's International Programme on the Elimination of Child Labour, were exaggerated. He noted that the Committee of Experts had requested that the Government provide reliable figures collected at the district, provincial and federal levels on the number of inspections carried out, the number of prosecutions and the number of convictions, and called on the Government to supply this information without delay. He stated, in conclusion, that there was a growing concern on the part of the workers that the political developments in Pakistan were not moving in a direction conducive to a serious and comprehensive governmental attack on the continuing widespread use of bonded labour.

The Worker member of Italy endorsed the comments of the Worker members and the Worker member of Pakistan concerning the complexity of the situation in Pakistan. The country's legislation was adequate, but in practice, the situation remained serious, as evidenced by the figures. Action needed to be taken at two levels. First, local institutions should be strengthened by involving employers' organizations and trade unions. Work should be done to promote awareness so that positive measures were taken by society. The Government should not place obstacles in the path of non-governmental organizations such as the Bonded Labour Liberation Front. Second, the labour market should be strengthened. Unemployment and hunger sometimes incited people to accept bonded labour. International economic cooperation should be developed and national resources allocated to sectors that could assist economic and educational progress.

The Government representative stated that his Government fully shared the concerns expressed by the Committee of Experts and the members of this Committee. He informed the Committee that the issue of labour was subject to both provincial and federal jurisdiction, with the provincial governments being required to pass laws to implement federal laws. While at the federal level measures had been taken to cooperate with the supervisory bodies, delays had resulted from the fact that there were 106 districts each with its own Vigilance Committee, and each committee was reporting in varying degrees. He expressed his Government's commitment to obtaining the information and hoped that better statistics would be provided in the next report to the Committee of Experts.

As to the questions raised concerning the Government's estimate of the extent of child labour, he stated that the figure was based on an independent survey, and represented a realistic appraisal of the situation. He noted that bonded labour had become invisible due to the success of the awareness-raising programmes and therefore was being hidden. However, when such practices came to light, the courts and the district magistrates had taken effective action. He stressed that his Government was committed to ending bonded labour and had recently concentrated on community efforts in this regard, including developing a group of journalists to report on child bonded labour, which had achieved some progress.

On the issue of the Shariah, he stated that it did not acknowledge bondage, but rather the sanctity of contractual relationships and financial commitments. Bonded labour and the financial commitments arising therefrom were within the jurisdiction of the ordinary courts, and the law was clear in prohibiting bonded labour.

He emphasized that child labour could not be eliminated overnight, particularly since there were a number of difficulties to be overcome, and his Government sought the assistance and support of the ILO in this regard, and was committed to honouring its obligations under the Convention. The need to involve actors other than the Labour Ministry had been acknowledged by the ILO in a recent publication, and his Government was indeed seeking to include a number of groups in order to address the problems under the Convention. He expressed the hope that the Government in its next report would be able to show significant progress.

In response to a further question raised by the Worker member of Pakistan concerning the Essential Services (Maintenance) Act, the Government representative stated that the Government was not proud of this piece of legislation and that it was being resorted to only when the Government considered situations to have reached an extreme stage. On the particular issues arising from the dispute at the Pakistan Water and Power Development Authority (WAPDA), he was not in a position to comment; however, he stated that generally the Government was aiming to establish limits in industrial disputes and to move away from the destructive and confrontational approach that had characterized disputes in the past. He emphasized the need for dialogue before extreme measures were taken. The restrictions were only to be in place for a short time, namely four months, although he acknowledged that one ordinance had already been renewed. In the view of his Government, this was a short time to defuse a difficult situation and find a solution through social dialogue.

The Worker member of Pakistan responded that there could only be social dialogue where there were free and independent trade unions. He called on the Government to lift the restrictions concerning the workers at the Pakistan Water and Power Development Authority, at which time true social dialogue could commence.

The Government representative stated that the point raised by the Worker member of Pakistan was in reference to the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which was not the subject of the present discussion. With respect to the Convention at issue, he stressed that his Government had addressed the matter squarely and had sought the help of the Committee in overcoming the problems of application. He expressed the hope that the lessons learned concerning this Convention would indeed have an influence on the application of other Conventions in the country.

The Committee noted the detailed information provided orally by the Government representative, and the discussion which followed. It recalled that the Committee had discussed this case several times already. As concerned bonded child labour, it noted with interest the recent agreement concluded with the International Programme for the Elimination of Child Labour (IPEC) for the elimination of child labour in the carpet-making industry, as well as other actions reported by the Government to eliminate child labour and bonded labour. Nevertheless, it noted with concern the continued lack of practical action to collect reliable statistics on the numbers of bonded child labourers in the country, and to provide information on the work of monitoring mechanisms inside the country, including the Vigilance Committees. It called on the Government to supply information on actions taken against persons working for the liberation of bonded labourers. Noting the indications that there are very large numbers of bonded child labourers in the country, it again expressed the firm hope that the Government would take all possible additional measures to ascertain the magnitude of, and to eliminate, bonded child labour in Pakistan. The Committee also noted that many adult workers also remain in bondage, and requested the Government to supply detailed information, as indicated by the Committee of Experts, on its action to identify, release and rehabilitate these workers. Finally, the Committee again urged the Government to amend the Essential Services (Maintenance) Acts to bring them into conformity with the Convention as regards the right of workers to leave their jobs after reasonable notice.

Individual Case (CAS) - Discussion: 1997, Publication: 85th ILC session (1997)

The Government representative of Pakistan indicated that her Government appreciated the valuable guidance and advice provided by this Committee for the promotion and protection of labour rights. She wished to highlight the following points in the context of the implementation of Convention No. 29. Over the past year enforcement of national laws on bonded and child labour had become more effective. The Child Labour Survey had been completed in Pakistan with the technical assistance provided by the ILO-IPEC Programme giving clear numbers of child workers and their areas of activity to allow for concerted and planned action for the elimination of child labour. The number of inspections under the Bonded Labour System (Abolition) Act 1992 and the Employment of Children Act 1991 had increased manifold. From January 1995 to January 1997, 35,000 inspections were conducted under the laws governing child labour. More than 9,000 inspections were held under the Employment of Children Act 1991. There were 6,183 prosecutions and 1,349 convictions. Under other child labour laws, 24,695 inspections were also carried out, resulting in 8,274 prosecutions and 3,556 convictions. Three hundred and forty-nine raids were conducted in Sindh and Punjab in the context of bonded labour. According to the figures provided by the Human Rights Commission of Pakistan, an NGO, 1,000 bonded labourers were freed over the past year. Significant new developments had taken place demonstrating the Government's will to enforce the law and to deal with the issues of child and bonded labour. These included clear and unambiguous administrative instructions, and concrete programmes in the public and private sectors, with the involvement of all social partners. Steps were being taken to address areas of weakness such as inadequate funds for rehabilitation. Finally, there was growing public awareness and sensitivity to the importance of eradicating these problems.

The Government had ratified five of the seven ILO core Conventions. It had already expressed its intention to be actively involved in the work of the new Convention on the elimination of the most intolerable forms of child labour to be drafted next year. Needless to say, Pakistan was a developing country with myriad problems, some rooted in poverty and some in the socio-cultural milieu of society. In addition, it faced an extremely difficult economic situation due to multiple factors, including a crippling debt burden, the continued presence of 1.5 million Afghan refugees for more than a decade providing a large supply of workers, and a difficult geo-strategic situation. Thirty-six per cent of the population lived below the poverty line. Despite such deep-rooted impediments, efforts had been made to implement obligations voluntarily undertaken by ratifying ILO Conventions. The Government had always taken the comments of the Committee of Experts and of the Conference Committee very seriously. It wished to continue to cooperate with these two bodies; to note constructive criticism made by them; to provide, as far as possible, clarifications; to acknowledge deficiencies and use the comments of the Committees to improve the implementation of existing laws.

The speaker went on to explain that the Government of Prime Minister Nawaz Sharif was installed in February 1997. The new Government's commitment to the eradication of bonded labour was evident from the specific reference to it in the 1997 election manifesto of the Pakistan Muslim League, the party to which the Prime Minister of Pakistan belongs. This was also made clear by the Prime Minister to the Governing Body's Worker Vice-Chairman, during his recent visit to Pakistan. The Federal Government had set up an Advisory Committee on Child and Bonded Labour. The Committee included representatives of the Ministries of Labour, Foreign Affairs, Commerce and the private sector to follow up on action taken and provide advice on comprehensive action plans for the elimination of child and bonded labour in Pakistan.

In regard to the specific observation made by the Committee of Experts, it appeared to draw heavily on information provided in the Anti-Slavery International Report. This Report however dated back to 1995. Since then several positive developments had taken place. She wished to inform the Committee that the Government had been involved in a constructive dialogue with Anti-Slavery International in the context of the Working Group on Contemporary Forms of Slavery. The Government had endeavoured to provide as much information as possible to it regarding the concerns it raised bilaterally as well as through the Working Group.

The Committee of Experts had referred to a figure of 20 million bonded labourers of whom 7 million were child labourers. These were totally unsubstantiated figures - a view shared by the All Pakistan Federation of Trade Unions. The issue of the magnitude of child and bonded labour in Pakistan arose some years back when an NGO with a specific agenda came up with the 20 million figure. Without confirming its authenticity, the figure was quoted by some highly respected international NGOs and unfortunately even the ILO. To assess the true extent of the problem of child labour the Government entered into an arrangement with the ILO under the IPEC Programme to carry out a survey of child labour in Pakistan. The results of the survey, which was conducted on a sound scientific and statistical basis, had been published. According to that survey, there were between 2.7 and 3.3 million economically active children in Pakistan. In addition, if the figure of 20 million persons in bondage in Pakistan were taken to be true, it meant that about 60 per cent of the 33.87 million workforce in Pakistan worked in bondage. This was totally impossible. Nevertheless, the speaker also referred to a list of 3,000 bonded labourers in the Sindh province that the Human Rights Commission of Pakistan (HRCP) claimed to have prepared. Such a list logically implied that the number of bonded labourers in Pakistan was not likely to be more than a few thousand. The HRCP was an independent NGO, and had been extremely forthright in pointing out and taking action against any deficiencies that it found in the promotion and protection of human rights in Pakistan. It was also very active in trying to identify and release bonded labourers. The HRCP may not have accounted for all bonded labourers in Sindh. It was also entirely possible that the practice might still be extant in some pockets of the Punjab province. But the figure could not be as high as 20 million. She agreed, however, that in the final analysis numbers were not important. This abhorrent practice could not and should not be tolerated, even if it affected only one individual. On the basis of information provided by the HRCP, raids had been conducted by the District Administration in Sindh in the past year. Representatives of the HRCP were accompanied by a senior official of the Ministry of Human Rights during these raids. About 1,000 bonded labourers were released over the period of the last year in Pakistan.

Anti-Slavery International had made a number of observations on the statutory instruments and machinery for the elimination of bonded labour. In this regard, she pointed out the following. In order to facilitate the enforcement of the Employment of Children Act 1991 and the Bonded Labour (Abolition) Act 1992 by the provincial Governments, rules were formulated and notified in 1995 with the technical assistance provided by ILO-IPEC. The Government of North-West Frontier Province (NWFP) issued a notification dated 31 May 1995 empowering all District Magistrates under section 9 of the Bonded Labour (Abolition) Act 1992, to ensure that the provisions of the Act were properly implemented, and issued another notification dated this month empowering, under section 16 of that Act, all Magistrates of the first instance to try offences under the 1992 Act. Magistrates had been similarly empowered by the Governments of Baluchistan and Punjab. The Sindh Government had also empowered all Additional District Magistrates (ADMS) to file cases related to bonded labour violations. Moreover, Vigilance Committees had been formed at the district level in the four provinces in accordance with the Bonded Labour (Abolition) Act 1992. Some of these Committees were not very effective and might need to be reinforced, yet these did provide an institutional framework in all provinces for the monitoring and investigation of incidents of bonded labour. Efforts were being made to further strengthen the functioning of the Vigilance Committees under the supervision of the Home Departments of the Provinces. Also, a system of evaluation had been put in place with the performance of these Committees being frequently assessed in the interministerial and inter-provincial governments' meetings. The Government welcomed any assistance of the ILO for further improvement of the functioning of the Committees.

With regard to the rehabilitation of released bonded labourers, Rule 9 of the 1992 Act provided for the establishment of a fund to finance projects for the rehabilitation and especially the training of freed bonded labour. The Rule stated that the fund should consist of contributions made by the federal Government or the provincial Government. The Government intended to set aside a specific amount for this purpose. The present Government's commitment to the elimination of bonded labour was evident from the fact that on 21 May 1997 it had signed an agreement with the European Commission and the ILO to launch a programme to eliminate bonded child labour. The programme would cost US$2.2 million and was spread over two years. It would raise awareness on exploitative and hazardous child/bonded labour practices, increase the capacity of the government machinery, employers' and workers' organizations and NGOs to withdraw children from bondage and prevent children from entering into bondage. The programme targeted a small group of child/bonded labour and their families. The programme had a major focus on rehabilitation activities. It involved among other measures: the establishment of 18 Community Education and Action (CEA) centres throughout the country for rehabilitating children in specific economic sectors and occupations with a high incidence of child/bonded labour; withdrawing a selected number of them from this type of work; preventing younger siblings of the bonded labourers from entering bonded labour and providing them and their families with viable alternatives; strengthening of the capacity of the Pakistan Bait-ul-Mal (PBM) and the provincial/district PBM officers and the Bunyad Literacy Community Council, the Anti-Child Abuse Committee of the Pakistan Paediatric Association and the Pakistan Human Rights Commission to provide an integrated package of support services to ex-bonded labour through community action.

The Government of Pakistan was taking measures to raise the level of awareness about bonded labour. The Directorate of Workers' Education of the Ministry of Labour had published the Urdu version of the 1992 Act and the 1995 Rules for the information of the general public. The Ministry of Social Welfare had prepared a project which envisaged a four-year programme of awareness raising on child and bonded labour through the electronic media. The presence of an open and free press had contributed towards sensitizing the general public on laws relating to bonded and child labour. Various programmes initiated under the IPEC Programme had further contributed to awareness raising among the general public. The Government was also working on the initiation of an awareness programme in collaboration with AUSAID.

The reference in the Anti-Slavery International's Report to the petition before the Federal Sharia Court on the legality of sections 6 and 8 of the Bonded Labour (Abolition) Act 1992 was correct. However, in 1988, the Supreme Court of Pakistan pronounced bonded labour as unconstitutional and thus in contravention of article 11 of the Constitution of Pakistan. The Supreme Court ruling ensured that the 1992 Act continued to be implemented.

Several concrete measures had been taken by the Government and the private sector over the past year aimed at the elimination of child labour. These included the following: the Sialkot Agreement was signed in February this year between the Sialkot Chamber of Commerce and Industry, the ILO and UNICEF with the objective of eliminating child labour from the soccer ball industry in Sialkot, Pakistan, over the following 18 months. The Agreement had set up a programme to assist manufacturers and assemblers of soccer balls in identifying and removing child labourers from the industry and providing them with educational and other opportunities. Moreover, a national-level NGO, the Child Care Foundation of Pakistan (CCF), had been set up to deal with child labour. The Board of Governors of the CCF included representatives of the Ministry of Labour, UNICEF and the HCRP. The Board of Governors had set up a subcommittee to prepare drafts for the establishment of a reliable and sustainable child labour monitoring system in Pakistan. The monitoring system was expected to be launched from August to September 1997. In addition, a number of initiatives had recently been taken by the private sector for international certification of their products. Rug-mark International, STEP, Care and Fair and Qualité France were actively working to set up monitoring-cum-certification systems and welfare projects for children in Pakistan. Rugmark Foundation and carpet exporters were about to sign an agreement to launch the system. Finally, the Pakistan Carpet Manufacturers' and Exporters' Association (PCMEA) had set up six schools in carpet weaving areas in and around Lahore where about 600 working children were being taught the basics of literacy. The members of PCMEA were also running ten dispensaries in areas where carpets were manufactured. The Sialkot Chamber had also set up a number of schools and dispensaries and vocational institutes for child workers in the soccer ball industry. These measures illustrated not only the commitment of the Government but also of the general public, trade unions, NGOs as well as the employers to combat and eliminate the phenomenon of child and child bonded labour in Pakistan.

Other initiatives of the Government for the elimination of child labour included the establishment of 27 rehabilitation centres by the Pakistan Bait-ul-Mal for the education and rehabilitation of working children. Moreover, Pakistan took a lead in the establishment of a time-frame for the elimination of child labour in South Asia. The Third SAARC Conference on Children in South Asia, held in Pakistan, adopted the year 2005 as the target date for the elimination of child labour in the region. Finally, the number of inspections had increased manifold as stated earlier. Training courses for inspectors had been organized to improve the methodology used and enhance their professional capacity in order to implement the law effectively.

On the question of restrictions on the termination of employment and the Committee of Experts' observation that the Government should take necessary steps to meet the requirements of Convention No. 29 on this count, she stated that the application of the Essential Services Act had further been narrowed. In 1995, there were nine establishments or categories of employment to which the Essential Services Act was applicable. This number had been reduced substantially. At present the Essential Services Act was applicable to six categories of establishment which were considered critical for the security of the country and the welfare of the community. These included employment with: (i) the generation, transmission, distribution and supply of electricity; (ii) specific oil and gas organizations whose number had been reduced from 17 to nine; (iii) the Pakistan Security Printing Corporation and Security Papers Ltd., Karachi; (iv) the Kahuta Research Laboratories; (v) the Civil Aviation Authority; and (vi) the Karachi Port Trust and Port Qasim Authority.

The Workers' members indicated that they would concentrate on Parts I and II of the Committee of Experts' observation. As concerned Part III - restrictions on termination of employment - they considered that the Committee's conclusions of last year should be reiterated. Even though the Government representative had said that there had been progress in this regard, it was clear from her comments that there were continuing restrictions on the termination of employment for some groups of workers. The Committee was asked to re-emphasize this point in its conclusions.

The Workers' members pointed out that the case had been before the Committee on numerous occasions and that each time the Committee had asked to see substantial progress. It was recognized that lack of legislation was not the problem here; it was the effective application of that law that was lacking. Bonded labour was prevalent in many sectors in Pakistan including brick manufacture, construction, sports goods manufacture and carpet weaving. It was prevalent despite the fact that the national Constitution forbade bonded labour and despite having been abolished under the Bonded Labour (Abolition) Act. One of the ugliest manifestations of this practice was in agriculture which was still largely informal and unregulated. The landlords exercised considerable influence over income tax and other local officials. In other areas where parents were forced to provide labour services to landlords, their children were frequently trapped in debt bondage. Often the parents took a loan to meet urgent needs and then had to repay by working. In practice the debt did not decrease but instead climbed upwards. Thus every member of the family, including the child, had to contribute to the defraying of the accumulating debt. In some cases in agriculture, the tenant and his family were heavily guarded around the clock to stop escape and, in the most extreme cases, were kept in "private jails" and in iron fetters when working in the fields. Reports that women were subjected to sexual attacks were well documented.

Although the Government representative did not dispute that the problem existed, the Workers' members wondered what programmes had been undertaken by it to ensure that bonded labourers were aware that they were free from their debts. With regard to enforcement under the legislation, district magistrates had the power to ensure that the provisions of the Bonded Labour (Abolition) Act were properly applied through inspection and monitoring. They were also empowered to establish Vigilance Committees. The rules relating to these Committees were specific and designated 18 categories of persons who could belong thereto. Only one place was allocated to an organization representing workers. The reality was that such Committees were heavily represented by those who held power in the community, including businessmen who themselves employed bonded labour.

The Workers' members wondered what changes had been introduced by the Government since last year when the Committee of Experts had called for greater progress in making these Committees more effective and representative of the community. Specifically, what had the Government done to improve the rate of detection and inspection; how many prosecutions had taken place; and what penalties had been imposed? It was noted that the conviction rate was low: what were the reasons for this? It was no use having a law if that law was not applied and enforced rigorously.

With regard to the release and rehabilitation of freed bonded labour, the Workers' members stated that the rules issued in 1995 under the legislation provided no guidance about release procedures. The Government representative had stated that her Government intended to allocate money to establish and support programmes designed to assist those workers freed from bondage. In practice it seemed that no resources had been identified to pay for rehabilitation. Moreover, the figures given by the Government representative on the number of those released were dismal in view of the great number of persons involved. Many of those released were forced to return to debt bondage because of the lack of assistance from the Government.

The Workers' members noted that the 1992 Act had been challenged in the Islamic court by a brick kiln owner. Although they had taken note of the Government representative's comments on this, the evidence suggested that employers were taking advantage of the legal uncertainty created by this case since a decision still had not been handed down. What had the Government done to clear up this legal confusion? It seemed that this case was a direct attempt to subvert the requirements of national legislation.

The Committee of Experts was of the view that no progress of any substance was being made on the violations of the Convention in practice, as reflected in its observations. Having said that, there was one example of progress and this was the Sialkot Agreement. While this affected only a very restricted export sector, the Workers' members welcomed this development and recognized that this was an example of unions, employers, Government, NGOs and voluntary organizations working together. The Workers' members were further pleased to note the initiative of 13 action programmes under IPEC in cooperation with the ILO. They urged the Government to continue this work with renewed vigour so that sustained and significant progress could be reported.

In conclusion, the Workers' members required the Government to commit itself to the detailed recommendations on the action that needed to be taken as set out in paragraphs 13 and 14 of the observation of the Committee of Experts. These recommendations were endorsed by the Experts in paragraph 15. Specifically they referred to a publicity campaign to tackle attitudes as well as to provide information on the law, the establishment of an integrated programme of legal and social action at national, provincial and district levels, so that pending cases could no longer be cited as an excuse to ignore the law, legal procedures to be strengthened and Vigilance Committees to be better resourced and empowered. There was also a call for practical help and assistance to be made available to those freed, an expansion in the resources directed towards education and the ending of harassment and repression of activists working to free bonded labour. It was noted that the Experts had made further recommendations in paragraph 16. The Workers' members asked the Government to give an unequivocal commitment today to implement these recommendations.

The Workers' members also referred to the fact that the Government had not replied to various points raised in the observation of the Committee of Experts, including the comments made by the All Pakistan Federation of Trade Unions.

The Employers' members pointed out that this case which had been discussed 11 times since 1981 was a regrettable one. While it appeared that the magnitude of the problem of bonded labour and bonded child labour might have been overstated, it was still a significant problem that could not be minimized, particularly in the brick kiln industry. The barrage of statistics and information that had been provided by the Government representative had to be analysed by the Committee of Experts. However, there had never been a lack of information from the Government. They could only express the firm hope that the Government was moving expeditiously to take concrete and comprehensive steps to eradicate bonded and child labour.

In 1992 the Bonded Labour (Abolition) Act was enacted and it gave district magistrates the power to implement the law and authorized Vigilance Committees to support the district magistrates in their efforts to identify, free and rehabilitate bonded labourers. Unfortunately, for three years the law was not enforced at all. Since 1995 some steps had been taken by the central Government to delegate powers to the district magistrates, including instructions to set up Vigilance Committees. One of the main aspects of the 1995 Rules was the relatively weak Rules for rehabilitation of released bonded labourers. Specific and detailed information on the application in practice of the rehabilitation programmes should be given to the ILO. The Employers' members had confirmation on the number of labourers released but no accurate information on the success and failure of the rehabilitation programme. Local officials appeared not to be enforcing the law. Moreover, few Vigilance Committees had been established and they did not conform to the law when they were established. Finally, judges had not been given the necessary powers or jurisdiction.

The Employers' members indicated that these problems needed to be corrected. It appeared that the Government was working on the issue of child labour and bonded labour through Committees, surveys, and a commitment to providing primary education, all of which should be encouraged. The Government should clarify the circumstances under which a child had offered him or herself voluntarily. However, there were also indications that the Government was not effectively dealing with the challenges to the law. This merely encouraged debt bondage. At the same time there was evidence that activists working against bonded labour were victims of arrests and harassment. Clearly there needed to be full and effective implementation of the Bonded Labour (Abolition) Act. This had to be reflected in the Committee's conclusions in the strongest possible terms.

Finally, there was a problem of federal employees under the Pakistan Essential Services Act terminating their employment without the consent of the employer, even if the employment contract provided otherwise. This was a kind of forced labour. The Government had indicated for a number of years that it would be amending the law which was enacted in 1952. Moreover, it stated year after year that the law only applied to certain essential services and categories of employees that were reviewed regularly and that the list was constantly reduced. None the less, this was a serious violation of the Convention that had to be remedied. As an urgent matter, this Act should be amended and brought into line with the Convention so as to eliminate restrictions to the freedom of workers to leave their employment.

The Workers' member of Pakistan pointed out that children were the future of the posterity of any nation and that if children were lost the nation was lost. In Pakistan the prevalence of the feudal system had not allowed economic and social conditions to develop. He stressed that in addition to the Vigilance Committees, there should be a commitment by the Government to allocate resources for social and educational purposes. In carrying out these measures, a national action programme was needed. Measures were needed to be taken against the underlying causes of poverty. In addition, economic incentives needed to be used for poor families to send their children to school. He acknowledged that a new Government had been installed and a commitment made but the actual implementation of this commitment had to take place. He would appreciate it if the Government had recourse to ILO technical assistance.

The labour movement in Pakistan had been putting pressure upon policy makers to allocate adequate resources for education and training for the children. By virtue of the poverty of the parents, the children should not be deprived of their basic right to full physical, mental and spiritual development due to their non-access to meaningful education facilities. He informed the Committee that some positive development had taken place with the cooperation of the ILO, including (i) the signing of an Agreement between the ILO, UNICEF and the Sialkot Chamber of Commerce and Industry (Punjab Province) for the rehabilitation of children engaged in the soccer ball industry; and (ii) the establishment of the "Rugmark Foundation" for the elimination of child labour in the carpet industry and for the provision of education and training and the rehabilitation of the children concerned. He indicated that the trade union movement had also contributed to creating awareness in society against the evil of child/bonded labour and to ensuring the success of these two projects, with their symbolic monetary support. The speaker urged the Government to repeal the Essential Services Act and to bring national labour legislation into conformity with the provisions of Conventions Nos. 29 and 87, and into consonance with the recommendations made by the ILO technical mission to Pakistan. He also called upon the Government to withdraw the recent amendment to the Banking (Special Courts) Ordinance 1996 which, in debarring a person not employed in the banking industry from standing for election as a trade union officer, runs counter to the principle of freedom of association.

The Workers' member of Turkey was of the view that the Government's report concerning the cases of bonded labour discovered by the authorities was not persuasive. A report by the Human Rights Commission of Pakistan in 1995 estimated the number of children working to be realistically in the region of 11-12 million. According to the same report, at least half of these children were under the age of ten. Their wages were, on the average, a third of the wages of adult workers; their entrance to the labour market had further depressed the wages of their parents. Thus child labour had not contributed to the solution of the problem of poverty of families but rather had exacerbated it. Moreover, the assertion that Pakistani children had traditionally worked with their families was not relevant now. Until the 1960s children seldom worked outside the family. The present system of bonded labour developed from the 1960s onwards, when the Government tried to expand the manufacturing base. This led to a large increase in the number of children employed as wage-earners.

The speaker wished to have information from the Government representative on the following points: the number of labour inspectors in Pakistan to inspect enterprises; the legislation concerning the rights of homeworkers; the size of the informal sector; whether members of the Bonded Labour Liberation Fund had been prosecuted or were free to engage in legal activities; whether the assassin of Iqbal Masih had been apprehended; what the school enrolment rate of children below the age of 15 was and whether there had been any improvement in this ratio since the promulgation of the 1992 Act; and whether sanctions had been applied to district magistrates who had not fulfilled their obligations under the 1992 Act.

The Workers' member of India, recalling that the Government had ratified the Convention in 1957, pointed out that the result of 40 years of implementation was not adequate at all. While he acknowledged that it was not easy to eliminate this problem, measures had to be taken gradually. For example, the presence of Vigilance Committees was not enough since someone had to supervise their work. Moreover, the problem of released bonded labourers had to be addressed since often, as in India, after six to eight months, released bonded labourers again became subjected to debt bondage. It was not true that the problem could be eliminated by 2005 as it had been referred to, since it had existed for centuries. Finally, IPEC only raised awareness of the problem. However, the mechanisms to eliminate bonded labour needed to be established at the domestic level.

The Workers' member of New Zealand asserted that the observation of the Committee of Experts revealed that very little, if anything, had changed since the previous year. It was clear from the observation that much bonded child labour arose from the parents' indebtedness and enslavement of the whole family. The conclusion was inescapable that as long as adult bonded labour persisted, so would child bonded labour. As far as adult bonded labourers were concerned, the observation of the Committee of Experts revealed that the Government had failed to systematically and thoroughly publicize the rights of bonded labourers; had failed to take all necessary steps to ensure the Bonded Labour (Abolition) Act was fully implemented; had failed to provide adequately for the rehabilitation of released bonded labourers; and had failed to end the harassment of activists involved in identifying and freeing bonded labourers.

Much of the information contained in the observation was shocking, particularly on the following points: the failure to speedily resolve the legal challenges to the law by employers of bonded labourers, thus allowing all employers to claim that the law did not have to be implemented; the involvement of employers of bonded labour on some Vigilance Committees; and the fact that some 2,000 cases lodged by bonded labourers under the Act between March 1992 and early 1995 were turned down by the courts on the grounds that they did not have jurisdiction. In view of the above, the Government had to launch an extensive publicity campaign so that bonded labourers knew their rights and employers knew their responsibilities. Moreover, the Government had to adopt a comprehensive and integrated campaign of legal and social action. Finally, it had to put an end to the harassment of activists working to free bonded labourers.

The Workers' member of Italy emphasized that the documentation gathered by the Committee of Experts showed the breadth of this particularly shocking situation: laws existed but were not enforced except by certain local magistrates or thanks to the action of groups committed to freeing bonded workers. In light of the socio-economic realities in which bonded labour was entrenched, profound changes were required. The Government representative's statement appeared to be in the right direction. But the authorities must stop obstructing the work of NGOs such as the Bonded Labour Liberation Front. The representatives of this NGO were recently invited to testify in Italy: they had said that too often freed workers returned to bonded labour to escape destitution. The struggle against bonded labour must be the object of a vast and integrated programme based on the IPEC model.

The Workers' member of Greece pointed out that it was inaccurate to state that the situation was only known through information from NGOs: it was described at length throughout the 13 pages of the report of the Committee of Experts and it was too easy to claim that NGOs were over-stating the figures concerning this criminal phenomenon. To rely on colonialism as an argument to explain bonded labour was no justification. To put an end to this intolerable situation was also the responsibility of developed countries. Through the WTO, a mechanism indicating where products came from and where they were manufactured should be found and this would probably encourage consumers to reject these products. Since the intentions of the new Government were not yet known, excessive pressure should be put on the new Government. Nevertheless, this case had to be followed very closely to ensure that the Government was not only making statements of principle but had real desire to eliminate such exploitation.

The Government representative thanked all speakers and indicated that their comments would be transmitted to the Government. She assured the Committee that detailed responses in writing would be provided to the Committee of Experts. With regard to the allegation that little progress had been made in inspection, she pointed out that more than 35,000 inspections had taken place this year, as compared to 6,800 the previous year. While it may be true that the 1,000 bonded labourers released over the last year was not a high number, the figure of 20 million persons working as bonded labourers was unrealistic. She noted that there had been criticism of the Vigilance Committees as well as of the Rules issued in 1995 under the legislation on the release and rehabilitation of freed bonded labourers. However, these Rules had been drawn up with ILO technical assistance. Finally, with regard to the criticism that the Government had had since 1957 to implement the Convention and still had not done so, she pointed out that while it was true that the Convention was not fully implemented, it had only been five years since the Bonded Labour (Abolition) Act had been enacted.

The Workers' members indicated that it was difficult to evaluate all the information given by the Government representative. However, they maintained that the conviction rate of those responsible for using bonded labour was relatively low and that no information had been given by the Government about the penalties imposed on those convicted. They insisted that it was a pressing, major and widespread problem. They regretted that they had not heard the Government representative commit to implementing the recommendations formulated by the Committee of Experts in paragraphs 13, 14, 15 and 16 of its report. They appealed to the Government to include, at district and local levels, in the machinery to implement the Bonded Labour (Abolition) Act, 1992, representatives of employers' and workers' organizations as well as non-governmental organizations devoted to the elimination of bonded labour.

The Workers' member of Pakistan insisted that this problem should be the primary concern of the Government. Moreover, he stressed that the number of persons working as bonded labourers quoted by Anti-Slavery International was not based on correct information. How, in a modern information age in a democratic country could two-thirds of the labour force be termed as "bonded labour"? However, such a scourge required to be eliminated at the earliest time. This needed great political will and the allocation of adequate economic and social resources. The punishment for this crime should be sufficient to serve as a real deterrent. He added that the Government should make available legal assistance to persons who were the victims of bonded labour since these people did not have the means to take legal action themselves.

The Committee took note of the detailed information provided by the Government representative and of the exhaustive discussion which had taken place. It also noted that the Government adopted a certain number of measures aimed at eliminating forced labour and that it had received technical assistance from the ILO and from IPEC, in particular, for the elimination of child labour. The Committee noted the Government's statement that estimates of the number of workers in bonded labour were exaggerated. The Committee noted with concern that an important number of questions were still pending concerning the practical impact of the measures taken until the present time to resolve this case which has been discussed already for a number of years. It hoped that the new Government would avail itself of the technical assistance of the Office to continue in its efforts to effectively abolish this unacceptable practice and that it would consider the possibility of inviting a direct contacts mission. The Committee urged the Government to provide in its next report full detailed replies on all the questions raised by the Committee of Experts with a view to being able to note concrete progress in the next year.

Individual Case (CAS) - Discussion: 1996, Publication: 83rd ILC session (1996)

A Government representative referred to the interlinked nature of problems rooted in poverty, which he understood was not an excuse for any bonded labour, and noted the need for measures to be taken in a wider perspective. On the first question concerning child labour, the magnitude of the problem in Pakistan was not greater than in the other developing countries. He stressed that an exaggerated figure of 20 million child labourers given earlier by an NGO was groundless and unverified. Under an arrangement with the International Programme for the Elimination of Child Labour (IPEC) of the ILO, a study had been carried out in Pakistan to ascertain the true dimension of the problem. The results of this study were expected to be available within a couple of months and would be furnished to the ILO.

The present estimation of child workers was as follows: the total population of Pakistan was estimated at 128.01 million, of which 22.61 million were in the age group of 5-9 years and 15.94 million in the 10-14 year age group, bringing the total number of children in the 5-14 year age group to 38.55 million. According to the labour force survey 1991-92, the labour force participation rate for the 10-14 year age group was 26.97 per cent, which meant that working children in this age group numbered 4.3 million. The primary school enrolment rate for the 5-9 year age group was 71 per cent according to the 1994-95 economic survey, which meant that 16.05 million children of this age group attended schools, leaving 6.56 million not at school. Amongst the latter, 5.03 million were female and 1.53 million were male children. As a matter of social practice, child labour amongst female children was much less frequent, and it could therefore be inferred that around 2 million children (1.53 million males and the remainder females) of the 5-9 year age group might be engaged in some form of work, mostly of a part-time nature and in the informal sector. Thus, a maximum of 6 million children (4 million in the 10-14 year age group and 2 million in the 5-9 year age group) could be engaged in work or in some economic activity.

As to the inspections regarding child labour, specifically recommended by the Committee of Experts, the Government representative noted significant progress and gave the following figures: between January 1995 and March 1996, 6,803 inspections had been carried out, 2,531 cases registered, and 774 convictions in the form of fines had been made.

The Government representative considered that social rehabilitation of the children involved was perhaps more important than convictions alone. The Government was conscious of the importance of education and was making higher allocations to the education sector in its development plans, i.e. an increase from less than 1 per cent of the GDP to about 2 per cent in the last few years and it was likely to increase further to 3 per cent during its next five-year plan.

Regarding the question of the inclusion of trade union representatives in the vigilance committees set up under section 15 of the Bonded Labour System (Abolition) Act, 1992, the Government had no objection in principle. This Act, which specified the composition of vigilance committees, would need an amendment for this purpose.

The speaker reiterated that only one case of bonded labour had been identified in the entire country between 1992 and 1994. Eight inspections had been conducted under the 1992 Act by the Human Rights Commission of Pakistan and the District Administration in the Province of Sindh, where the problem of bonded labour was considered to be most prevalent.

So-called private jails had been raided: on 17 November 1995 in the District of Sanghar, where 96 detainees were released and a case under section 11 of the 1992 Act was registered against the offender. Another "private" jail in the District of Umerkot was raided twice on 1 June 1995 and 14 January 1996, resulting in the release of 70 detainees. Cases were registered against 11 accused, of which two had been arrested while the remainder obtained bail before arrest from the High Court of Sindh and the Sessions Court, Umerkot. Yet another raid was conducted in the District of Umerkot by the Subdivisional Magistrate and Deputy Superintendent of Police, releasing ten peasant families, and a case had duly been registered against the accused. In the other four cases no evidence of bonded labour could be found on the premises alleged to be housing bonded labourers.

The Government representative believed that the above-mentioned efforts by the Government were ample evidence of the Government's serious commitment to come to grips with the problem of children in bondage and with bonded labour. Admitting that the Government had not been able to eliminate the problem fully, he assured that it was moving in the right direction and that results would be seen in a few years.

As to the question of restrictions on the termination of employment, he noted that the scope of the Essential Services Act had further been reduced since the last report. Compared to nine establishments or categories covered in 1995, the Act was applicable at present in the following categories having a strong bearing on the security of the country and the life of the community: (i) employment in connection with the generation, transmission, distribution and supply of electricity; (ii) employment under the specified oil and gas organizations whose number had been reduced from 17 to nine; (iii) employment under the Pakistan Security Printing Corporation and Security Papers Ltd.; (iv) employment under Kahuta Research Laboratories; (v) employment under the Civil Aviation Authority; (vi) employment under Karachi Electricity Supply Corporation; (vii) Karachi Port Trust and Port Qasim Authority.

In conclusion, the Government representative stated that the issue of child labour and children in bondage was not just a concern of the Committee but a cause of greater worry to Pakistan as a nation. The major reason for the prevalence and persistence of the problem was the existence of grinding poverty in many countries including Pakistan. Efforts should therefore be made to provide children with a better environment and a better future.

The Workers' members recalled that this case had been before this Committee seven times in the last ten years, including special paragraphs in 1986, 1987 and 1989. They considered that the four years since the enactment of the Act in 1992 should be sufficient for a fair assessment of its effectiveness and the extent of its implementation. The Workers' members acknowledged that the eradication of child labour and bonded child labour in Pakistan presented a complex and multifaceted challenge to all involved: employers, trade unions, central and provincial governments, the wider Pakistani community and also to all of those outside Pakistan who consumed and enjoyed benefits from the products of child labour. While seeking a comprehensive response from the Government, they also noted the magnificent grass-roots efforts by many NGOs and trade unions in Pakistan who were working to combat this scourge. The issue in this case, however, was whether the Government was supporting, extending and complementing those efforts in a concerted national programme to meet the requirements of the Convention. The evidence available to the Workers' members suggested that the Government had so far taken few measures of any substance in application of its own laws on child forced labour and bonded labour, and that more energy might have gone into attacks on those such as the Bonded Labour Liberation Front, who have been trying to free bonded labourers, than had gone into implementing the laws which purport to ban such labour. They considered the figures provided both in the report and by the Government representative today on inspections and prosecutions were dismal.

After referring to paragraphs 4 and 5 of the Experts' comment concerning the lack of visibility of child labour and, in particular, bonded child labour, as well as the difference between child labour and bonded child labour for the purpose of the Convention, and to the Pakistan country paper to the Islamabad seminar also quoted by the Experts, the Workers' members emphasized that some developing countries with problems of poverty and related difficulties had a minimal amount of child labour and that poverty was not a sufficient explanation nor an excuse for the situation. Without endorsing any particular figures, the Workers' members, taking account of the full range of available evidence, including today's statement by the Government representative, considered that the Government had seriously understated the problem. The Government's reference to invisibility only meant that the Government would not see what it did not choose to address. The problem in Pakistan was not the lack of legislation, as the Government had already stated on previous occasions. Progressive as these laws may be, the Government had failed to ensure their effective implementation and it had also neglected to inform the millions of working children and bonded labourers that they were free and released from their debts. They cited the director of the Human Rights Commission of Pakistan, who had said that the Government had consistently refused to enforce the laws it enacted, and that the country, having more resources and legal remedies than China, India and Indonesia, did less for the young than they did. The problem was lack of political will.

The Workers' members supported the view that the situation in Pakistan was in some respects more structural and entrenched than in some other countries. The Workers' members nevertheless urged the Government to give urgent priority to the development of an aggressive campaign incorporating all Ministries and government agencies at the national, provincial and local level including those responsible for economic development, rural development, education, health, women's issues and labour and last, but not least, justice. Changes could not be expected without systematic and effective penalties which were applied relentlessly and which were greater than the profit derived from persisting with child labour and bonded labour. Such a campaign should include a nationwide publicity effort by all practical means to inform child labourers and all bonded workers, children and adults, of their absolute right to freedom without penalty of any kind, including the cancellation under the law of any bonded debt or part of it. This must be accompanied by programmes and activities to support them in the transition to full autonomy. Education provision should be extended, in view of the percentage of GDP allocated for education being exceptionally low in comparison to almost any other country. Health measures were also required, including birth control. The benefit of economic growth and development occurring in Pakistan must be targeted at the poorest communities, for example, those in rural areas where, as the Pakistan Trade Union Council reported, feudal power was still frequently exercised. For the success of this campaign it was vital to involve representatives of trade unions and employers' organizations as well as other concerned organizations, as proposed by the Committee of Experts in paragraph 13. The Workers' members welcomed the assurance given by the Government representative of such involvement, and hoped for its confirmation in next year's report.

Regarding the restrictions on the termination of employment, which had also been discussed for a number of years, the Workers' members strongly endorsed the Committee of Experts' statement in paragraph 17 concerning the freedom of individual workers to terminate their employment by giving notice of reasonable length. They supported the recommendations of the All Pakistan Federation of Trade Unions on the need to abolish the Essential Services Maintenance Act and insisted that further procrastination simply was not justified.

In conclusion, the Workers' members supported the specific recommendations made by the Committee of Experts in paragraphs 13, 17 and 18. This Committee should recommend to the Government of Pakistan the following: that the harassment of those involved in freeing bonded labourers should cease immediately; that priority be given to the development of a comprehensive and integrated campaign at the national, provincial and local levels with the full involvement of workers' and employers' organizations and other non-governmental organizations, with a clear timetable and a strategic plan for the elimination of child labour and all bonded labour; and that a full report be made to the Committee of Experts to enable reporting to this Committee next year. The Committee should further urge the Government to avail itself of all technical assistance and other support from the ILO.

The Employers' members pointed out that, after many discussions, this case was familiar to this Committee. Hence, the briefness of statement should not be interpreted as a sign of lesser importance being attached to the case. They noted that the Government emphasized the distinctions between child labour and the assistance children provide to small family enterprises, between child labour and forced labour of children, and between visible and invisible child labour. Whatever relevance these distinctions had, it was forced labour in any form that should be abolished, and in particular forced labour by children taking the form of servitude for debt as had persisted in Pakistan for many years. Since 1934 a law generally prohibited child labour in mines, which was a forerunner to current legislation.

The Employers' members found that the contradictory information on the magnitude of the problem was worrying: for example, the Government had only identified one case of adult bonded labour. This simply signified that inspections and investigations on the subject were not sufficient. The 1992 Act provided for new measures and a new programme of action, but these provisions apparently had not been used much by the district courts and vigilance committees. They supported the Committee of Experts' request that the new legislation be applied in a more constant and systematic manner. This Committee should accord full support to this position.

They thought that in view of the size of the country, a bigger number of inspections and investigations was necessary. The fact that only a few cases of forced labour of children had been identified in contrast to the real gravity of the problem demonstrated that what had been done was not enough. This Committee should therefore urge the Government in the strongest of terms to intensify significantly its efforts to abolish forced labour and in particular forced labour of children. The lack of progress should not be noted again year after year.

The second point regarding the restrictions on termination of employment concerned the application of legislation dating back to 1952, under which certain categories of workers could not terminate their employment without agreement of their employer, which undoubtedly constituted a form of forced labour. The Government had been reiterating that it only covered certain essential services in a very limited number of categories and that the list of categories covered by this provision was reviewed regularly with a view to being further reduced, and that a tripartite working party had just submitted new proposals to the cabinet for examination. The Employers' members recalled that while the Government had already given similar assurances in the past, the situation remained unchanged, which was a serious violation of the Convention and unacceptable. After so many years, the Committee should request the Government to take measures immediately to bring the legislation into conformity with the Convention.

The Workers' member of Pakistan said that workers in Pakistan believed that forced labour, whatever form it took, constituted a denial of basic human rights and was a crime against humanity. It was particularly serious in the case of children. The Preamble to the ILO Constitution, which referred to the protection of children and young persons, as well as Convention No. 29 and the United Nation's Convention on the Rights of the Child, all prohibited forced labour by children. Indeed, the United Nation's Convention made it the duty of States to provide education for the development of each child so that they would not suffer from inequality of opportunities. Childhood lost was the future lost, and therefore the elimination of child labour was for the overall good of society. The placing of underage persons in work amounted to forced labour under the terms of Article 2 of the Convention since such persons were not in a position to take a decision to undertake the work voluntarily.

He agreed with the Government representative that the main problem consisted of the implementation of the relevant legislation. The trade union movement had exerted considerable pressure, which had led to the adoption of the Employment of Children Act, 1991, and the Bonded Labour System (Abolition) Act, 1992, which provided an adequate legislative framework. In its observation, the Committee of Experts had also referred to the establishment of vigilance committees. He believed that these should be made more effective through the incorporation of representatives of the social partners and of other NGOs. The State should also play a more effective role in seeking out those who were guilty of imposing forced labour on workers. Another effective way of combating the problem would be to devote a greater proportion of GDP to education and child welfare in order to improve the well-being of society and the nation as a whole. The trade union movement had taken measures to assist the children of organized workers. He therefore hoped that both organized and unorganized workers, and particularly rural and women workers, would in future enjoy greater educational opportunities. In this respect, he noted that the government of the Punjab had adopted a law making education compulsory. This example should be followed throughout the country. Moreover, in the context of the ILO/IPEC agreement, the Government should make more effective use of the technical assistance available through such measures as the establishment of rehabilitation centres and the implementation of public awareness campaigns on the need to eliminate child labour. In conclusion, he urged the Conference Committee to call upon the Government to amend the Essential Services (Maintenance) Act, 1952, so that workers could leave their jobs in accordance with their own free will. The Committee should also urge the Government to take measures to improve the quality of life of workers through the allocation of higher levels of resources to their welfare and through a more effective implementation of the law in accordance with Conventions No. 29 and 105.

The Workers' member of Colombia considered that the present case was very serious and involved both child labour and forced labour, which affected almost 7 million children. It was an abhorrent situation caused by the unjust distribution of income at both the national and international levels. It was not sufficient to amend the legislation without establishing mechanisms to guarantee an equitable distribution of income and full employment for adult workers so as to eliminate poverty and permit children to devote themselves to their schooling. There could be no progress when child slave labour and poverty persisted. Violations of basic human rights, which often took the form of the murder of trade unionists, also affected children who, as had happened in his country, had been murdered along with the members of their families.

The Workers' member of Japan emphasized the very high number of child workers in Pakistan and recalled previous vivid comments made by the Committee of Experts concerning their situation. The principal problem appeared to lie in the ineffectiveness of the measures adopted to eliminate child labour, and particularly child bonded labour. The observation confirmed that those who benefited from the situation exercised a strong hold over the administrative machinery, which was therefore ineffective in eliminating the bonded labour system. The Government representative had remained silent on the request by the trade union movement that their participation should be compulsory on vigilance committees. Much needed to be done on a urgent basis to combat the widespread practice of child labour in Pakistan.

The Government member of the United States expressed her Government's grave concern at the case, which it had been following very closely, partly as a result of the complaints made under United States trade law by the AFL-CIO and other NGOs accusing Pakistan of failing to take steps to respect and implement universally recognized workers' rights. The allegations included the existence of exploitative child labour, child bonded labour and restrictions on certain employees from leaving their jobs. The evidence showed that child bonded labour existed on a large scale and that, while legal measures had been adopted, their enforcement had been largely ineffective. She agreed with the Committee of Experts that the efforts undertaken so far in practice had not come to grips with the problem of children in bondage. Her Government was aware of the commitment by the Government of Pakistan to improve the situation and therefore looked forward to the adoption of concrete action, such as increased inspections, more prosecutions of alleged violators and the application of very tough sanctions against those found to have subjected children to bonded labour. In particular, if children in bondage were not easily identifiable, the Government would have to take the necessary steps to find them, release them and provide them with education so that they could be become healthy, happy and productive members of society. In respect of both bonded labour and all types of exploitative child labour, measures needed to be taken in law and practice by the national and local governments, in coordination with vigilance committees, worker's organizations and other grassroots organizations, as well as in cooperation with the ILO, for the elimination of these problems to the greatest extent possible as soon as possible.

The Workers' member of Italy noted that Pakistan now had a democratic Government, had adopted legislation against child and forced labour and had adhered to the United Nation's Convention on the Rights of the Child. However, the Government's expressions of political will seemed to be ineffective when confronted with the interests of major landowners, who operated a veritable prison system based on debt bondage. There was also evidence of the sexual exploitation of bonded women workers. The real tragedy was the very high number of children affected. He referred to the tragedy of a young bonded labourer who had been assassinated after his release. A whole series of measures needed to be taken at the national level in the fields of justice and education, including training for those who were freed from forced labour. He called upon the members of the Committee to support Pakistan in its efforts to eliminate servitude and exploitation.

The Workers' members, in conclusion, pointed to the consensus in the debate among the tripartite members of the Committee that the legislation in Pakistan was adequate, if not perfect, but that its implementation and the political will to combat the problem of child labour and bonded child labour was wholly inadequate. Speakers had also been unanimous in rejecting the concept that child labour was a natural outcome of poverty. The Committee could therefore make very strong recommendations calling upon the Government to adopt a comprehensive programme of action in all policy areas, involving the social partners in its implementation, in order to overcome the problem.

The Employers' members affirmed that child bonded labour in Pakistan constituted an enormous problem that had to be eliminated. They emphasized that more needed to be done more effectively than in the past to eliminate the evil more rapidly.

The Government representative, in reply, said that many useful suggestions had been made by speakers from all groups. He appreciated the concern expressed and the valuable suggestions made. With regard to the suggestion that NGOs, workers' and employers' organizations should be involved in combating the problem, he assured the Committee that his Government already supported an increase in the efforts of NGOs in this respect. The IPEC programme was mainly implemented through NGOs, which were adequately represented on its National Steering Committee. However, he warned that a centuries-old problem could not be resolved in two or three years. He further assured the Committee that the Government would act vigorously to combat the problem. However, he warned of a few unscrupulous NGOs that were taking advantage of the situation, as revealed in the Western press, to make money for themselves. With reference to the suggestion that an awareness-raising campaign should be launched, he noted that such a campaign was already under way. He also welcomed the offer of technical assistance from the ILO or any other competent agency, where such assistance was considered necessary. In reply to the proposal that more inspections should be undertaken, he affirmed that the number of inspections carried out had risen considerably during the course of 1996 and that the Prime Minister had urged that more action be taken with a view to achieving early results. He recognized the value of pressure from the workers' movement for action to combat the situation and said that his Government was aware of their important role in drawing its attention to problems related to such issues as workers' rights, child and bonded labour, and women workers.

The Committee noted the information provided by the Government representative and the discussion that followed. The Committee was aware of the scope and complexity of the problem and noted in this respect the efforts made by the Government, as well as by other actors, to combat child labour and bonded labour. However, the Committee regretted that the practical effect of these efforts and the measures adopted had not produced adequate results and had not made it possible to combat child labour and the situation of bonded child workers with the necessary level of effectiveness. The Committee expressed the firm hope that the Government would take all the necessary measures, including the launching of a comprehensive integrated campaign covering all key areas, such as education, health and justice, to ensure the effective application of the relevant legislation and guarantee full conformity in law and practice with the requirements of the Convention, if necessary with the technical assistance of the ILO. The Committee hoped that the Government would provide detailed information on the measures taken to involve the representatives of employers' and workers' organizations, as well as of the other partners concerned, in the implementation of the Bonded Labour System (Abolition) Act, 1992. Recalling the comments that the Committee of Experts had been making for many years, the Committee also expressed the firm hope that the Government would take every measure in the very near future to ensure that both the national and provincial legislation on essential services was amended in order to eliminate restrictions on the freedom of workers to leave their employment. The Committee hoped that the Government would be in a position to provide the necessary detailed information so that it could note that substantial progress had been achieved.

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

Since the last meeting of the Committee of Experts, the Government has supplied legislative texts, particularly the law on debt bondage. The Employers' members recalled that texts of new legislation, in particular an Act to prohibit bonded labour, had recently been received and needed to be examined by the Committee of Experts. They indicated that the legislation would not be enough and that the implementation would be important. They suggested that the examination of this case be postponed until after the Committee of Experts had studied the texts in question.

Individual Case (CAS) - Discussion: 1991, Publication: 78th ILC session (1991)

In reply to the Committee of Experts' comments, the Government stated that the Constitution of Pakistan prohibits slavery in all its forms, forced labour is strictly prohibited, and that no child under the age of 14 years can be employed. The illegal hiring of children is punishable under the Employment of Children Act, 1991. In case of violation of the Constitution and the laws, the aggrieved parties have access to the judiciary for redress of their grievances. The Government decided to abolish the bonded labour system through an enactment of the Parliament. Draft legislation was on the agenda of the National Assembly when it was dissolved. It is expected to be introduced again in the new National Assembly in the near future. After the passage of the Bill, bonded labourers will be freed from any obligation to render any labour. The law will provide that all customs, traditions, practices, contracts or agreements entered into or in operation before or after the commencement of the new law, by virtue of which any person or any member of the family of a bonded labourer is required to do any work or render any service will become void and inoperative.

An important feature of the proposed law is that every obligation of the bonded labourer to repay any bonded debt or part thereof will be extinguished and no suit may lie in any civil court, tribunal or before any other authority for the recovery of any bonded debt or part thereof.

The Bill provides adequate punishment for failure to restore possession of property to the bonded labourer within a period of 90 days from the commencement of the law. A copy of the proposed Bill has been provided to the Secretariat for information.

Restrictions on termination of employment

With reference to the observation of the Committee of Experts regarding restrictions on termination of employment, it is reiterated that it is proposed to amend the Pakistan Essential Services (Maintenance) Act, 1952, so as to make it permissible for an employee to terminate his employment in accordance with the terms and conditions of service or the contract of employment.

In addition a Government representative reiterated the written information communicated by his Government. The new Government had made sincere efforts to bring all labour laws into conformity with the ILO Conventions. Despite constraints, such as the Gulf War and the consequential repatriation of large numbers of workers resulting in an economic crisis, substantial progress had been made over the past seven months. Progress had, however, been slow because the new Government had taken some time to take stock of the situation. In particular, even after the judgement of the Supreme Court, which had the force of law until new legislation was enacted, the new Government had wanted to collect information regarding the existence of bonded labour. Any advice by the Committee of Experts concerning the proposed legislation would be taken into account. The Government had enacted a new law, the Employment of Children Act 1991, which forbade the employment of children under the age of 14 years and strictly prohibited the employment of children in hazardous occupations. A copy of that Act had been provided to the Committee of Experts for information. Concerning restrictions on termination of employment under the Essential Services (Maintenance) Act 1952, the new Government was considering amendments to make it possible for an employee to terminate his employment in accordance with the terms and conditions of his service or the contract of employment.

The Employers' members recalled that the case had been discssed eight times over the past ten years and had been the subject of three special paragraphs, in 1986, 1987 and 1988. The case involved the reprehensible practice of bonded labour. In 1989, a Government representative had said that the Government would amend the Essential Services (Maintenance) Act and had claimed that there was no bonded labour in the country; but in 1990 the Committee had been informed that amendments to the Essential Services (Maintenance) Act were still under consideration and the problem of bonded labour had been acknowledged. That acknowledgement had been a healthy first step towards addresssing the problem. In their 1989 report, the Committee of Experts had estimated that about 20 million people, among them 7.5 million children, fell into the category of bonded labourers, of which 2 million families alone were working at the brick kilns as virtual slaves. Despite past questions of credibility, the Employers' members hoped that the present assurances given that the Government had introduced legislation to abolish bonded labour and to prohibit child labour were true and would be acted on promptly. Bonded labour had to be eliminated as soon as possible, both in law and practice, and effective sanctions imposed on those who used bonded labour.

The Workers' members agreed with the Employers' members that the case was extremely serious. It was, therefore, regrettable that the Committee of Experts had not received a report from the Government in time. The written information communicated by the Government had not yet been examined by the Committee of Experts. The Government representative had stated that there had been a delay in passing the law prohibiting bonded labour because Parliament had been dissolved; the question nevertheless remained of when that law would be passed and what steps would be taken to ensure that it would be applied in practice. The written information provided by the Government appeared less specific than earlier Government statements. For example, regarding bonded labour, rather than speaking of substantial fines and monitoring by local vigilance committees, the Government spoke merely of adequate punishment. The Committee of Experts therefore had to study the information carefully, especially the information concerning child labour. Regarding restrictions on termination of employment, the Committee of Experts had been repeating the same observations for twenty years. In 1989, the Government had stated its intention to conform with the Convention; in 1990, the Government had said that the law would be changed accordingly. Despite the assurances just given, the Committee should stress that the provisions of the Convention should be applied in law and in practice, and that the Government should supply the required information.

The Workers' member of Pakistan referred to the decisions made by the Supreme Court of Pakistan, as recorded in the report of the Committee of Experts, and to the written information provided by the Government, as well as to the statement by the Government representative. But the workers wanted legislation to be enacted; perhaps the provisions contained in the proposed Bill could be promulgated as an ordinance. The speaker welcomed the passage of the new law on Employment of Children Act, 1991, prohibiting the employment of children under the age of 14 years and forbidding their employment in hazardous work; and stressed the need for its implementation in letter and spirit coupled with economic and social measures to combat the use of child labour in the country. In Pakistan, the workers had urged the Government to improve the lot of the rural poor who were subjected to such exploitation although the figures given in the report of the Committee of Experts were not realistic. How can a country having a total population of 110 million have 20 million brick kiln workers in a single industry termed as bonded labourers? This needs to be corrected, as it was unrealistic. He declared that the Trade Union of Brick Kiln Workers, which sought remedy from the Supreme Court, is continuously endeavouring to promote the welfare of these workers though their organisation and by putting pressure upon the Government. Returning to the question of exploitation, that evil could have been eliminated if equal opportunity for education and training, and access to resources had been available. The Government should therefore make efforts to improve the social and economic conditions of the suffering population. Particular attention should be paid to the bricklaying industry, where workers tended to be poor and to work in family groups. Such workers were difficult to organise, although trade unions were attempting to do so and to take the responsibility for representing them. Nevertheless, the Government should take measures to end the exploitation of those workers and to enable them to become self-employed.

The Workers' member of Sri Lanka said that the statement by the Government representative was encouraging but that the Committee should be informed when the proposed legislation would come into force. Furthermore, detailed information should be provided on the steps that would be taken to ensure that the legislation was enforced.

The Government representative said that the figures for bonded labourers given in the report of the Committee of Experts were highly exaggerated. He recalled that the problem of bonded labour had been brought to light by the workers themselves in a case brought before the Supreme Court. The Government was not delaying the enactment of legislation. It was unfortunate that the National Assembly had not been able to adopt the legislation, before being dissolved in 1990. The new Government had understandably wished to take stock of the situation and it was hoped that the proposed Bill would be submitted to the next legislative session; failing that, an ordinance would be promulgated. Legislation should therefore be approved within a couple of months. The proposed law itself provided the machinery for implementation, and any violations would be brought before the courts. In particular, the proposed law provided for the setting up of vigilence committees to monitor application. Similarly, the Employment of Children Act included implementation machinery. Regarding improvement of social and economic conditions, he recalled that a vocational training project established by the World Bank trained some 40,000 persons per year; in addition, there was an apprenticeship programme and vocational training institutes had been set up.

The Committee noted the report of the Committee of Experts, and the oral and written information provided by the Government representative, as well as the discussion which had taken place within the Committee. The Committee noted that a law on Employment of Children Act, 1991, and that a draft law on the abolition of bonded labour would be submitted to the National Assembly. The Committee hoped that the draft would be submitted and adopted rapidly and that the Government would send a copy of the legislation, as adopted, for examination by the Committee of Experts. The Committee hoped that, next year, it would in particular be able to note that forced labour or bonded labour would be subject to truly effective and strictly applied penal sanctions, in conformity with Article 25 of the Convention. Moreover, the Committee regretted that the Government and not submitted to Parliament a Bill modifying the provisions regarding restrictions on termination of employment, in line with the intention it had expressed to the Committee in 1990. The Committee hoped to be able to note substantial progress in that area next year.

Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

A Government representative assured this Committee that there had not been any deliberate attempt to delay the application of Conventions Nos. 29 and 105. The process of application had been slowed owing to difficult conditions prevailing in the country. His Government reiterated its commitment to bringing all national labour laws into conformity with ILO Conventions and totally abolishing bonded labour in whatever form it might exist. His Government had initiated a number of steps to fulfil this commitment given by the present Government in its election manifesto and subsequently reiterated by the Prime Minister. In this vein, his Government had restored certain fundamental rights under the Constitution: slavery in all its forms, forced labour and child labour under the age of 14 years were strictly prohibited; the illegal hiring of children was punished by law; aggrieved parties could enforce their legal and constitutional rights through the judiciary, as evidence by the case of bonded labour in the brick-kiln industry, mentioned in the Committee of Experts' report. The Government had decided to abolish bonded labour through a law which would ensure complete freedom of bonded labourers. The proposed law had been approved by Cabinet and was soon expected to be enacted. Under this law, bonded labourers would be freed from any obligation to render any labour; the law would make void and inoperative all customs, traditions, practices, contracts or agreements obliging bonded labourers of their families whether they were entered into or in operation before or after its entering into force. Under the law, every obligation of the bonded labourer to repay any bonded debt or part thereof would be extinguished and unenforceable. Those who violated the law would be punished with substantial fines and penal sanctions. Bonded labourers working after the commencement of the law would be paid at the prescribed rates and application of the law would be monitored by local vigilance committees. Regarding restrictions on termination of employment in establishments covered by the Essential Services (Maintenance) Act, 1952, amendments were under consideration to make it possible for an employee to terminate his employment in accordance with the terms and conditions of his service or the contract of employment.

Concerning Convention No. 105, the Government representative reiterated that there was no law in the country forcing any person to work. The provisions of the Security of Pakistan Act and the Political Parties Act did not contemplate any forced labour because punishment under them could only be imposed by the courts after a regular trial. Concerning the Committee of Experts' observations on the Press and Publication Ordinance, he stated that a Bill to amend that Ordinance (copies of which would be provided) had been introduced in Parliament. Action to amend sections 54 and 55 of the Industrial Relations Ordinance and sections 100 to 103 of the Merchant Shipping Act, 1923 had been initiated to meet the Committee of Experts' objections. The Government representative reiterated that religious discrimination did not exist and was forbidden by the Constitution and national laws; forced labour as a result of religious discrimination did not exist and minorities including Ahmadis/Qadianis enjoyed all constitutionally guaranteed fundamental rights. The Government had not yet received the report of the Special Rapporteur on the application of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religious Conviction. The report would be examined and detailed information submitted on this issue.

A Workers' member of the United Kingdom recalled that there had been discussion of this case in the present Committee in 1989. During that discussion "the Workers' members welcomed the Government representative's statement that a number of acts which had been issue in the consideration of Conventions Nos. 29 and 105 were repealed or were being repealed". This Committee at that time expressed great concern. This year, the speaker observed that little progress had been made since last year. For instance, the report of the Working Group on Contemporary Forms of Slavery indicated that there had been no real study of child bondage by South East Asian countries even though a large percentage of working children were found in that situation. He recognised the difficulties facing the country, particularly the longstanding nature of the problem and the military dictatorship that had for many years controlled the country. This did not, however, relieve this Committee of its responsibilities in pressing for full implementation of these key Conventions. The speaker was encouraged by the decision of the Pakistan Supreme Court which had held that brick-kiln labourers were bonded labourers, but he remained concerned about the implementation of this significant decision. It should be relatively easy to amend the existing law; it was much more difficult to bring about its full implementation, particularly in isolated regions. Nevertheless amendments to existing laws were needed and the speaker asked the Government representative to indicate positively when these proposed laws would be introduced in Parliament and brought into effect.

A Workers' member of the Netherlands observed that the habit of the previous Government of repeating information previously given on the case seemed to have been adopted by the new Government, except that the substance of the information which was repeated appeared to be more promising. Action was needed in addition to the repeated promises. He asked what reactions had been received in Parliament to the proposed legislative changes and whether there had been any consideration given to a system of monitoring the implementation of these changes. He noted that the tens of millions of people who fell within the category of bonded labourers created enormous practical difficulties in monitoring the implementation of laws aimed at eliminating the system of bonded labour and called for action to redress the problem.

A Workers' member of Pakistan stated that the trade union movement in Pakistan had consistently urged the Government to implement ILO Conventions, particularly basic human rights Conventions. He believed bonded labour was a legacy from the colonial past and represented a denial of basic needs, including meaningful employment and good working conditions, to the rural poor. He agreed that some legal and constitutional provisions had come into effect and were enforced, but felt that there was a need to ensure implementation of these laws through the strength found only in an organised labour movement. The trade union movement had promoted three approaches to labour policy changes which would affect implementation of ILO Conventions. First, it called for accelerated approval of proposed changes to national legislation and their entry into force. Secondly, it sought strengthened labour inspection machinery. Thirdly, it wanted increased attention to be paid to improving overall economic and social conditions including, for example, education, housing, medical facilities and social security. He urged the Government to award the increased minimum wage of Rs. 1,100 per month to these workers. He also stressed the need to approve legislation on the Restoration of Trade Union Rights in the Pakistan Television and Broadcasting Corporations as well as in the National Airlines. In Pakistan, there was a special Ministry to look after the welfare of minorities. The trade union movement endorsed the equality of all workers irrespective of race, colour, creed and promoted tolerance, mutual respect and fraternity.

The Employers' members considered this to be a very important case for this Committee because it had been discussed seven times over the past 10 years and had been the subject of a special paragraph on three occasions during the same period. They noted that in the past the accuracy of statements had been questioned; although this year the Government had openly admitted that there was a problem of bonded labour, the need to take action to eliminate the problem in practice could not be over-emphasised. Concerning the issue of termination of employment, they urged that the promised amending legislation be enacted as soon as possible.

With respect to Convention No. 105, the Employers' members believed that the Government representative had said last year that certain legislation had been repealed; it appeared from statements today that the law, in fact, had not been overturned. They asked if the Government had provided full information to the Committee of Experts on these amendments and on their practical application.

The Government representative stated that, although the new Government had inherited numerous problems which were difficult to resolve, a clear change was evidenced by the fact that it had fixed certain priorities which included emphasis on the welfare of the working class and the abolition of bonded labour. Thus proposed amendments to laws were before Parliament and the speaker hoped that they would be adopted within a couple of months. With respect to the implementation of these laws, the Government representation reiterated that practical steps would be taken through regional committees set up for that purpose. There had been practical successes in that a large number of bonded labourers had already left their employer in search of free employment, and continued education of workers would more fully ensure the exercise of the freedoms which they had not previously enjoyed.

The Workers' members joined the Employers' members in viewing this case as an important one and in nothing the steps forward shown by the Government's acknowledgement of the existence of the problem of bonded labour. They noted that the new Government had gone further to elaborate legislation to end the practice, but felt that this Committee was obliged to express great concern over the need for rapid adoption of new legislation and for its effective implementation.

The Government representative reiterated that correcting the problem under discussion was a priority for his Government. He gave the assurance that the national laws would be brought into conformity with the Conventions and there would be some progress in time for the next meeting of this Committee.

The Committee noted the information communicated by the Government representative. It did not doubt the goodwill and intentions of the Government to bring its legislation and practice into full conformity with the convention. However, it expressed its disappointment and concern that the information provided did not satisfy the expectations of the Committee, based on the assurance the Government had given at its 1989 meeting. It therefore felt obliged to urge the Government to give the highest priority to its endeavours in this respect in order that the Committee would be able to observe progress at its next session.

Individual Case (CAS) - Discussion: 1989, Publication: 76th ILC session (1989)

See under Convention No. 105, as follows:

A Government representative stated that the Prime Minister, Mohtarma Benazir Bhutto, in her address to the nation on 2 December 1988, announced that restrictions placed on trade union activities by the previous regime would be removed and labour laws would be brought in conformity with the Convention.

In accordance with the commitment of the Prime Minister, trade union activities were fully restored and legislative measures were being taken to provide necessary legal backing. A Review Board was also constituted to decide the cases of those employees who were penalised for their trade union activities.

Referring to the Committee of Experts' observations on the Pakistan Essential Services (Maintenance) Act, 1952, according to which the provisions of that law are in conflict with the provisions of No. 29, ratified by Pakistan, the Government representative announced that the Government had decided to meet the requirements of the that Convention by amending the Act, so that an employee of an establishment covered under the Act may terminate his employment in accordance with the expressed or implied terms of the contract of employment. The proposed amendment would be placed before the Parliament.

As concerns the reference to the use of alleged bonded labour by contractors, known as "Kharkars", in the construction of dams and irrigation canals, the Government representative stated that his Government categorically denied the existence of any "Kharkar" camp in the country. In addition, the mention made of the alleged bonded children in "Kharkar" camps by the Sectoral Review Mission of the ILO (July-August 1986), also referred to by the Committee of Experts, was based on hearsay, having little support of any recorded evidence. Had there been any such "Kharkar" camp in howsoever remote areas of the country, the members of the Mission were free to go and inspect the same. The Government. therefore, reiterated its earlier submission that there was no illegal bonded labour in the country.

Regarding the Committee of Experts' observations on certain sections of the Security of Pakistan Act, 1952, the West Pakistan Press and Publications Ordinance, 1963, and the Political Parties Act, 1962, giving the autorities powers to prohibit the publication of views and to order the dissolution of associations, subject to penalties of imprisonment which may involve compulsory labour, the Government representative informed this Committee that the West Pakistan Press and Publications Ordinance, 1963, had since been repealed. Under the provisions of the Security of Pakistan Act, 1952 and the Political Parties Act, 1962, offenders are tried in ordinary courts of law with full right to be represented by legal counsel of their choice and they have the right to appeal to the superior courts. The Government was of the view that conviction of offenders by courts of law for specific offences under these laws did not fall within the scope of the Convention.

In order to meet the objections raised by the Committee of Experts on sections 54 and 55 of the Industrial Relations Ordinance, 1969, the relevant provisions were being amended so that the element of compulsory labour was removed. The word "imprisonment" would be substituted by "simple imprisonment". The Government had already presented a Bill in Parliament to amend the Industrial Relations Ordinance so that these sections were brought into conformity with the present Convention. It should also be noted that the provisions of sections 54 and 55 are equally applicable to employers and workers.

Similarly, the Government was taking necessary action to make suitable amendments to the Pakistan Merchant Shipping Act.

A Worker member of Pakistan informed this Committee that the climate in Pakistan was much better since last year's elections when the new Prime Minister promised that the Government would bring law and practice into conformity with ILO Conventions. With regard to the issues under Convention No. 29, the assurances made by the Government to bring the provisions of the Essential Services Act and the West Pakistan Essential Services Act into conformity with that Convention was a welcome step. This legislation, however, should be placed before the Parliament for adoption as soon as possible. Under the present legislation, workers were still compelled not to leave the services of their employer without his/her consent.

As concern the "Kharkars", even though the Constitution prohibited forced labour, the Government could still play a more positive role in carrying out effective labour inspection, particularly as concerns construction work, in order to ensure implementation of the relevant legislation. While it was true that workers were able to seek remedies from the courts in order to protect their rights, the Government could take preventive action through labour inspection.

With regard to Convention No. 105, the Government should supply the ILO with any new legislation so that the supervisory bodies could determine whether the new legislation was in conformity with the ratified Conventions. The Government should supply the new legislation replacing the West Pakistan Press and Publications Ordinance as soon as possible.

The Security of Pakistan Act and the Political Parties Act which provided sanctions involving rigorous imprisonment should be reviewed by the Government.

As concerns minorities in Pakistan, the Government has set up a special Minority Ministry to look into questions of discrimination. A special ministry has also been established for the advancement of women. The Government should take the necessary measures to bring its law and practice into conformity with the ILO Conventions.

The Workers' members welcomed the Government representative's statement that a number of acts which had been at issue in the considerations of Conventions Nos. 29 and 105 were repealed or being repealed. Good relations and a constructive dialogue should be established with the new Government. If the Government had actually submitted its reports to the Committee of Experts, this Committee would have been able to make judgements and draw conclusions on the basis of the Committee of Experts' comments. If the Pakistan Essential Services (Maintenance) Act, 1952, has been either amended or repealed, or substituted by another Act, full details should be provided to the Committee of Experts.

As concerns the Government representative's statement that the ILO Sectorial Review Mission report on "Kharkars" was erroneous, it would be helpful if the Government, in any event, supplied information on the measures taken to enforce the prohibition of forced labour in the field of contract labour. The Government should also supply detailed information on the actual measures undertaken or envisaged, as concerns all types of exploitation of labour, such as forced labour.

With regard to Convention No. 105, it was not clear whether the Government representative stated that the Security of Pakistan Act was being repealed or replaced. The Committee of Experts pointed out quite clearly that the Security of Pakistan Act was in contravention of Article 1(a) of this Convention. Any replacement of these Acts, or any amendments, should be transmitted to the Committee of Experts for their consideration.

The workers' members noted that the Government representative said that the Industrial Relations Ordinance his being amended to replace the term "imprisonment" with "simple imprisonment". The Workers' member further said that the term "simple imprisonment" required clarification, because the existing Industrial Relations Ordinance was completely contrary to Article 1(c). In previous years, the Government stated that nobody had been punished under this Ordinance. Nevertheless, the Committee of Experts had pointed out that the mere fact that the threat existed, that the legislation existed, was sufficient in itself to bring it into contravention of Article 1(c). The Industrial Relations Ordinance should be amended so as to bring it into conformity with Convention No. 105.

As concerns the Merchant Shipping Act, further information should be provided in order to determine whether Pakistan has fulfilled its obligations under Articles 1(c) and (d) of the present Convention.

As concerns Article 1(e), the question was posed to the Government representative whether sections 298(b) and (c) of the Penal Code had, in fact, been repealed. As long as ordinances and orders exist dealing with a particular religious group, then whether, in fact, a country is observing the particular Convention is called into question.

Information must be supplied to the ILO with regard to all these matters so that the Committee of Experts may fully examine this case and so that the present Committee may properly continue its work.

The Employers' members stated that it was refreshing to hear of the positive developments taking place in Pakistan.

There were six problems raised as concerns the application of Conventions Nos. 29 and 105. First, as concerns Convention No. 29, the Government representative should have stated when the legislation relating to termination of employment subject to consent would be amended. Secondly, the Government should supply information confirming the position that bonded labour by contractors does not exist so that the Committee of Experts may be able to substantiate its statements.

Thirdly, as concerns Convention No. 105, the need for the Government to submit written reports was stressed. The statements made by the Government representative concerning the amendment of the Security of Pakistan Act and the Political Parties Act in order to provide for the right of appeal did not clearly demonstrate how these laws would then be in conformity with Convention No. 105. It was, however, a step in the right direction and the new legislation could provide the Committee of Experts with information to evaluate the new situation.

Fourthly, as concerns the Industrial Relations Act, whether the Act referred to "simple imprisonment" or "imprisonment" did not seem to change the fact that this legislation was in contradiction to the Convention. Further clarification was needed.

Fifthly, the revisions referred to by the Government representative concerning the Merchant Shipping Act should be adopted as soon as possible. Finally, more complete fact-finding was necessary as concerns the penal sanctions relating to Islamic activities. The information provided by the Government was considered to be very positive and hope was expressed that the Government would continue to make progress.

The Government representative expressed his wish that he could have been able to provide more details about concrete measures, but the new Government had only come into power six months ago and it takes time to make changes in the legislation. As concerns the Essential Services Act, the Cabinet had already decided upon its amendment and this matter Parliament would act on this matter. The necessary measures would be taken to bring the Pakistan Essential Services (Maintenance) Act into conformity with the ratified Convention. As concerns bonded labour, it should be noted that forced labour was against the Constitution of Pakistan, which was the supreme law of the land. The kidnapping of children for bonded labour was punishable by death in Pakistan. The Government representative noted the observation made by the Worker member of Pakistan and stated that labour inspection would be improved.

The West Pakistan Press and Publication Ordinance had been repealed and any new legislation adopted in this area would be transmitted to the Office.

The Government representative reiterated his position that neither the Political Parties Act nor the Security of Pakistan Act were within the scope of Convention No. 105 because these Acts concerned offences against the integrity and security of the State, and the offenders were provided a fair hearing before an ordinary court of law with the right of appeal to the superior court. The punishment of rigorous imprisonment, considered to be forced labour, was awarded by the civil courts exercising their judicial discretion and which is appealable. As concerns the Political Parties Act, the Government was obliged to refer any cases concerning the dissolution of an association to the superior court for confirmation. Any law that was considered in violation against the Constitution could be challenged before the superior court.

The Cabinet had already decided to amend sections 54 and 55 of the Industrial Relations Ordinance and the matter would be referred to Parliament for formal approval. As concerns sections 298(B) and (C) of the Penal Code, the Constitution of Pakistan guaranteed freedom of expression and freedom of religious beliefs. This freedom existed as long as the feelings of another religious community were not injured. Anyone, regardless of his religious conviction, will be punished for professing his religion in a way that injures the feelings of another community. This section of the Penal Code was drafted so as to resolve the differences between the Moslem and Ahmadi practices of faith with a view to ensuring peace and tranquility, particularly in public places of worship.

The Workers' members referred once again to the Security of Pakistan Act. The Government representative seemed to be repeating the position asserted on previous occasions that the conviction of offenders by courts of law was not covered by the Convention. The Committee of Experts, however, indicated on numerous occasions that compulsory labour in any form, including prison labour, which resulted from a conviction by a court of law as a penalty for expression of political views, was within the scope of the Convention. The Committee of Experts asked on a number of occasions that information on the practical application of the Security of Pakistan Act, including the number of convictions and copies of court decisions, be provided.

This information on the Security of Pakistan Act, as well as information concerning the repeal of or amendment to, the Industrial Relations Ordinance should be provided to the Committee of Experts.

The Government representative should convey to his Government the views of this Committee concerning the divergences between the Security of Pakistan Act and Article 1(a) of the Convention.

The Government representative of Pakistan said that the present Committee's reiteration of "grave concern" was somewhat "discouraging" in view of the fact that positive developments have been reported on so many points.

The Committee noted the information supplied by the Government representative. The Committee once again expressed its great concern with regard to the points already discussed in the Committee during previous sessions and regretted that no report had been received.

The Committee, however, noted with satisfaction the positive development as concerns the implementation of Conventions Nos 29 and 105, in particular, the progress made or being made with regard to the legislation. The Committee asked the Government to continue to take, as soon as possible, all necessary measures to bring the law and practice fully into conformity with Conventions Nos. 29 and 105. In particular, the Committee asked the Government to provide the detailed information requested by the Committee of Experts and to send to the Office any new legislation, as well as draft laws, so that the progress made in law and practice could be noted.

The Committee expressed the hope that, at its next Conference, it would be able to note the real progress made in the different areas covered by these two Conventions.

The Government representative of Pakistan said that the present Committee's reiteration of "grave concern" was somewhat "discouraging" in view of the fact that positive developments have been reported on so many points.

Individual Case (CAS) - Discussion: 1988, Publication: 75th ILC session (1988)

A Government representative indicated that the latest position of his Government was stated in its most recent report to the Committee of Exports. He reiterated that the Essential Services (Maintenance) Act, 1952, was being retained by way of enabling provisions to be applied in cases of emergency to essential services only. The Government was strictly following a policy of minimum reliance on the provisions of this Act. Some of the industrial units which had been operating under this Act had been removed from its purview and this process of review was continuous. There was no shortage of skilled or unskilled labour in Pakistan, so the Government was under no economic compulsion to keep an employee in forced employment against his will. In actual practice, voluntary termination of employment at three months' notice had never been restricted. As regards the Committee of Experts' comments relating to the alleged use of bonded labour, his Government had unequivocally stated in its report that no labour camps were allowed to operate anywhere in Pakistan. Any attempts to employ forced labour resulted in prosecution under the law.

The Workers' members observed that the explanations of the Government representative were disappointing because they were identical to the ones given at preceding sessions. At its last session, the Committee had decided to mention this case in a special paragraph of its report in the hope that the Government would be able to provide more detailed information on some of the questions. They pointed out that in this year's report, the Committee of Experts referred to the 1986 ILO Sectoral Review Mission and its conclusions which were in contradiction to the Government's statements. The Workers' members observed that the explanations given by the Government representative were disappointing and did not enable the Committee to note progress.

The Employers' members stated that the indications provided by the Government representative were in strange opposition to the long history of this case. For more than 30 years, certain laws in Pakistan prohibited workers from terminating their employment without the employers' consent. This was tantamount to forced labour without any doubt. Furthermore, those laws applied to a wide sector of the public service including public enterprises. This was what the Committee of Experts had observed. It was necessary to modify these laws and this Committee had already stated that it was not enough to hear every year statements that the practice in Pakistan was different from the law, that there was enough labour available and that the worker could leave his employment at three months' notice. If this were true, one should write it into the legislation and thus, the situation would be clearer, but, on the contrary, there had been no change in the situation and the statements by the Government of Pakistan became increasingly stereotyped. Moreover, the Government s comments gave no reply to the question of the Committee of Experts regarding the use of forced labour in the construction of canals or dams. The Employers' members shared the Workers' members' views and expressed their disappointment at this lack of progress.

The Government representative replied that his brief statement had virtually covered all the points raised by the Committee of Experts. The Government did not resort to the Essential Services (Maintenance) Act at all, it was only being kept by way of enabling provisions on the statute book for meeting emergency requirements only. He reiterated that the Government was following a policy of minimum reliance on the provisions of this Act, and that a committee instituted by the Government was reviewing all the 18 establishments covered by this Act. During a recent review, five establishments had been removed from the scope of this Act, so only a very negligible minority of workers were covered by it. As there was no shortage of labour in Pakistan, the Government was under no economic compulsion to keep an employee in forced employment against his will. The speaker emphatically reiterated that labour camps and bonded labour did not exist and were prohibited by law, and that any attempt to use forced labour would result in prosecution. The report of the Committee of Experts was based only on allegations, and there was no substantive evidence on the existence of labour camps in Pakistan.

The Workers' members noted that the present Committee was now in a very difficult situation, because the declaration of the Government representative of Pakistan was in contradiction with the observations of the Committee of Experts which corresponded to the findings of the ILO mission. These had not been discussed in any detail by the Government representative. It was not sufficient simply to have a declaration from the Government that these conclusions were incorrect. The Workers' members reiterated the very great importance they attached to the indications concerning the use of bonded labour in "Kharkar" camps in paragraph 2 of the observations, which could not be dismissed by simple denial. The situation remained unsatisfactory. For the last two session, the Conference Committee had decided to mention this case in a special paragraph. Perhaps it was time to think what different measures were required to urge the Government to make progress on this matter in the future.

The Committee noted the explanations given by the Government representative. As the main issues raised had been repeatedly discussed previously, the Committee again expressed its serious concern and urged the Government to take very shortly the necessary measures to put its legislation and practice into conformity with the Convention, and to supply the detailed information requested by the Committee of Experts. The Committee decided to mention this case in a special paragraph of its general report.

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

A Government representative reiterated his Government's earlier stand with reference to Convention No. 29 that it was strictly following a policy of minimum reliance on the Essential Services (Maintenance) Act and stressed that some of the industrial units which had been operating under that Act had recently been removed from its purview. This removal was going to be a continuous process so that, when the application of the Act was no longer considered necessary, action would be taken to eliminate the remaining units from its scope. The Act applied to a very small minority of workers and was not at all invoked as a matter of rule; it was basically an enabling law concerning, inter alia, voluntary termination of service in cases of emergency. There was no shortage of skilled or unskilled labour in Pakistan and therefore the Government was under no economic compulsion to keep labour in forced employment or a worker in his job against his will. In practice, workers left their employment as a matter of routine and a number of workers from some very essential units, such as refineries, had gone abroad to work outside the country; there was therefore complete freedom of movement from one job to another in the industries covered by the Act. The discussion dealt with a hypothetical situation since the Act did not infringe the rights of workers to terminate or leave their employ- ment of their own free will. The Government, however, retained its power to use the Act in the case of an emergency threatening essential services, i.e. those whose interruption jeopardis security and well-being of the greater part of the population or directly or indirectly threatened national security. The socio-economic and political situation of the country had to be taken into account.

As for the Committee of Experts' comments regarding "Kharkars", he stated that no labour camps were allowed to operate anywhere in Pakistan or for any purpose where forced labour was exacted from workers. Any attempt to employ forced labour resulted in prosecution under the law, and the Prime Minister's five-point programme was committed to the complete elimination of all types of exploitation of labour, such as forced labour.

Referring to the comments on Convention No. 105, he considered that the conviction of offenders by force of law for specified offences which were liable to rigorous imprisonment did not, in the strict sense of the word, amount to forced labour, because rigorous imprisonment did not involve the forcible use of prisoners on projects such as excavation work, road and dam construction or tree-felling, but aimed at teaching them skills and providing vocational training. The prisoner was only obliged to learn a skill on the prison premises. The trades and skills taught in prison-such as cloth- and mat-weaving, carpentry and furniture-making and other cottage industries-aimed at making prisoners useful members of society and many of them, on completion of their sentences, had been rehabilitated as a result of this reformatory aspect of rigorous imprisonment. He stated that no punishment had been inflicted under the Industrial Relations Ordinance during the past few years and that action against workers under the Ordinance took the form not of imprisonment but of administrative measures such as removal from service, cessation of an increment or warnings. Forced labour in the proper sense of the word was forbidden under the national Constitution and it did not exist anywhere in the country.

The Workers' members noted that this oral statement had added nothing to the information already given last year and that the two Conventions had been discussed since 1970. The Committee had shown a great deal of patience because it had been told that an extraordinary situation concerning national security existed involving martial law. This had apparently been lifted in 1986, but there was no official communication to this effect. The same contradictions continued: it was said that there was no forced labour and no penalty for terminating one's employment, but that the provisions in question had to be maintained for emergency situations. This strange attitude did not respond to what had been requested up until now. In 1986 an attempt to help the Government had been made by placing the Committee's concerns in a special paragraph calling on the Government to supply detailed reports on Conventions Nos. 29 and 105 and to bring its legislation into conformity with them. The statement of the Government representative, that the legislation was not applied, could satisfy neither the Committee of Experts nor this Committee. There had been specific requests to repeal and to amend various pieces of legislation which were contrary to the Forced Labour Conventions and these had not been acted upon. Moreover, a very serious problem was facing minority groups which appeared to be subject to forced or compulsory labour as a means of religious discrimination, and clear indications on this matter were awaited from the Government. The new democratic rules referred to by the Government representative were to be supported, but that also implied the implementation once and for all of the Conventions for which the Committee had been pleading for so long.

The Employer's members agreed with the Workers' members that the oral information just received did not contain any new substance. Although these matters had been discussed in 1984 and 1986, nothing had changed: the Essential Services (Maintenance) Act of 1952 still contained a number of restrictions on the termination of employment which were not compatible with Convention No. 29, and this Act was considered by the Experts to have a very wide field of application. Since the Government representative had said that the Act was not being applied, it should be easy to amend it. The Government representative had stated that such a law should exist for emergency situations, but this was not compatible with the Convention. The Committee of Experts also referred to a memorandum of the International Commission of Jurists to the United Nations alleging cases of forced labour, but the Government representative had made no mention of this.

Concerning Convention No. 105, there were a series of laws providing for various forms of punishment, including forced labour, in relation with the expression of political views or with labour discipline and strikes. These were contrary to the provisions of the Convention. The Government representative had said that prisoners also received vocational training, but this was beside the point; there was no indication whether the Government was prepared to amend or considerably restrict the scope of these laws as had been suggested repeatedly by the Committee of Experts. There were therefore serious grounds for concern which should be reflected in this Committee's conclusions more forcibly than in the past.

The Government representative stated that the security problem which his country had been facing for many years still existed given its geo-political position. His Government was therefore compelled to maintain the Essential Services (Maintenance) Act. He had hoped for appreciation of his Government's efforts to restrict its application by removing many industrial units from its purview. In the future, the case of each unit would be examined before renewal took place and, over a period of time, as a result of this policy, the scope of this Act would be restricted to an indispensable reduced area. This was a good, practical and pragmatic beginning towards reducing its scope to the minimum possible, He stated that the concept of rigorous imprisonment had been an integral part of the national law for many decades, not only in Pakistan but also in other countries with the same legal system but which did not have to answer in this Committee because they had not ratified Convention No. 105. He noted that all these aspects should remain under review and, wherever development was possible, it would be given due attention by the Government.

The Worker member of Pakistan recalled that it was due to the pressure of workers that the Government had ratified important Conventions such as those under discussion now. The workers had also pressed for their implementation in spirit and in letter. They had been urging the Government to remedy the contradiction existing between the Conventions and the law. Results had included the creation in 1986 of a tripartite National Labour Welfare commission and the visit of a multidisciplinary ILO mission. Some further very important developments for the workers were the abolition of martial law and the installation of constitutional government over the past one-and-a-half years, as well as the restoration of some fundamental rights and of the right of appeal to the High Court. Much more needed to be done: the Committee of Experts in its 1979 general survey had pointed out that compulsory labour in any form, including compulsory prison labour, was within the scope of the Convention in so far as it was exacted in one of the five cases specified in Article 1 of Convention No. 105, and in the case of persons convicted for expressing certain political views, an intention to educate them through labour was contrary to the very terms of the Convention.

The Government representative noted that the Worker member of Pakistan had acknowledged the positive change in the Government's attitude towards labour over the last two years. The right to appeal to higher courts had been restored but it was not possible to eliminate overnight the legacy of the past.

The Workers' members stressed that as long as the substantive legislation was not changed, the right of appeal to the High Court was to no avail. The fact that legislation concerning prison education existed in other countries did not justify the situation under discussion here. Finally, security reasons could not justify the further existence of legislation which did not secure the protection of basic rights under the Conventions.

The Employers' members noted the Government's position that punishment involving forced labour would be maintained because it could serve for vocational training, but had not heard an announcement that any specific changes would be made. They asked the Government representative to supply a copy of the amendments restricting the scope of the Essential Services (Maintenance) Act 1952 so that an evaluation could be made of the extent to which this Act had been restricted. In all other respects, they noted that Government seemed to maintain its position.

The Government representative undertook to provide the information requested in the report that would soon be sent to the Office, including the names of the industrial units which had been removed from the purview of the Essential Services (Maintenance) Acts, the number of workers involved and the amendments which had been made to the Acts.

The Committee decided to include its conclusions on this case in a special paragraph of its report (see under Convention No. 111).

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes a communication dated 30 July 2010, received from the Pakistan Workers Federation (PWF), which contains comments on the application of the Convention by Pakistan. It notes that this communication was sent to the Government in August 2010 for any comments it might wish to make on the matters raised therein. The Committee hopes that the Government’s comments will be supplied in its next report, so as to enable the Committee to examine them at its next session.

Articles 1(1) and 2(1) of the Convention

A. Debt bondage

Comments from workers’ organizations. In its comments made for a number of years, the Committee has noted the difficulties in the implementation of the Bonded Labour System (Abolition) Act (BLSA), 1992. The Committee referred in this connection to the comments made by the All Pakistan Federation of Trade Unions (APFTU), the All Pakistan Trade Union Federation (APTUF) and the International Trade Unions Confederation (ITUC). In its latest communication dated 29 August 2008, the ITUC observed that, some 15 years after the adoption of the BLSA and six years after the approval of the National Action Plan (2001), bonded and forced labour was still commonly used in many industries across Pakistan. The ITUC referred in this connection to the rapid assessments commissioned by the Ministry of Labour in collaboration with the ILO, which were carried out in nine sectors (brick kilns, agriculture, carpet industry, mining, glass bangle making, tanneries, construction, domestic work and begging). The ITUC considered that the BLSA had not been properly applied and those who used bonded labour had been able to do it with impunity. The Pakistan Institute for Labour Education and Research (PILER) had only been able to document the release of some 8,530 people between 1990 and 2005; of these, 5,166 were released through judicial intervention, in combination with non-governmental organizations and local state officials, only 563 were released solely through state intervention. According to the ITUC views, the vigilance committees set up under the BLSA had not performed their functions of identifying and releasing bonded labourers and had not been restructured as envisaged in the National Action Plan. The lack of adequate labour inspection machinery was another key reason why bonded labourers were not being identified and released.

Implementation of National Policy and Plan of Action for the Abolition of Bonded Labour. In its earlier comments, the Committee noted a number of initiatives undertaken by the Government within the framework of its 2001 National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers, including, inter alia, the organization of training workshops for key district government officials, and other concerned stakeholders, to enhance their capacity and enable them to draw up district-level plans to identify bonded labourers and activate the district vigilance committees; the incorporation of the issue of bonded labour into the syllabi of judicial, police and civil service academies, in order to help sensitize judicial, law enforcement and civil service officials to the problem; and conducting of capacity-building seminars. The Committee also noted the Government’s indication that, under the BLSA, inspection functions in the area of bonded labour had been assigned to the regular labour inspectorate, as well as to local government heads/officials and police departments. In its latest report, the Government refers to a number of studies undertaken with the technical assistance of the ILO with regard to bonded labour in various sectors in Pakistan.

While having noted the Government’s initiatives to combat bonded labour, the Committee expresses the firm hope that the Government will pursue its efforts with vigour in order to ensure the effective implementation of the 2001 National Policy and Plan of Action and will provide detailed information on progress made and practical results achieved, including copies of relevant reports on all of the activities, projects, institutions and mandates referred to in the action plan. The Committee asks the Government to provide, in particular, information on the activities of the National Committee for the Abolition of Bonded Labour and Rehabilitation of Bonded Labourers which had to be established to coordinate the implementation of the plan and to review the implementation of the BLSA, including copies of monitoring/evaluation reports concerning the functioning of the vigilance committees. Please also provide information on the activities of the fund established under the BLSA rules, to which the Government referred in its 2005 report. The Committee also asks the Government to indicate the measures taken or envisaged to assess and address the causes of debt bondage.

Debt bondage: Data-gathering measures to ascertain the current nature and scope of the problem. The Committee previously noted a report entitled “Rapid assessment studies of bonded labour in different sectors in Pakistan”, which contained findings and conclusions from a series of rapid assessment studies conducted at the initiative of the Ministry of Labour and the ILO by teams of social scientists and researchers under the auspices of the Bonded Labour Research Forum (BLRF), with a view to exploring the existence and nature of bonded labour in ten sectors (agriculture, construction, carpet weaving, brick making, marine fisheries, mining, glass bangles, tanneries, domestic work, and begging). The project represented the first phase of a larger research programme and was intended to lay the groundwork for detailed sector studies and a national survey to determine the incidence of bonded labour across the country, as foreseen in the Government’s National Plan of Action. However, no such national survey has yet been carried out and the Government refers in this connection to the existing difficulties in the identification of bonded labourers.

While noting this indication, the Committee points out once again that accurate data are a vital step in both the development of the most effective systems to combat bonded labour and providing a true base for the assessment of effectiveness of those systems. The Committee therefore expresses the firm hope that the Government, as a follow-up to the preliminary part of the research programme noted above, and in accordance with the mandate of its 2001 National Policy and Plan of Action, will undertake a statistical survey on bonded labour throughout the country, using a valid methodology in cooperation with employers’ and workers’ organizations and with human rights organizations and institutions, and that it will supply information on the progress achieved in this connection.

B. Trafficking in persons

The Committee previously noted the adoption of the Prevention and Control of Human Trafficking Ordinance, 2002 (PCHTO). It also noted that, in accordance with the report of the International Organisation for Migration (IOM) entitled “Data and research on human trafficking: A global survey”, Pakistan continued to be a major destination country for trafficked women, as well as a major transit country of persons trafficked from Bangladesh to Middle Eastern countries, where women are subject to sexual exploitation. The report emphasized that there was an urgent need to carry out comprehensive national baseline surveys with the aim of developing a South Asian database on trafficking in persons.

The Committee reiterates its hope that the Government will undertake a national baseline survey on trafficking in persons, in cooperation with employers’ and workers’ organizations, as well as other organizations and institutions concerned, and that it will supply information on the progress achieved in this connection. Please also provide information on the application in practice of the Prevention and Control of Human Trafficking Ordinance (2002) referred to above, as well as, more generally, on the policies and measures aiming at the effective elimination of trafficking in persons, including copies of the relevant policy documents and available statistics.

C. Restrictions on voluntary termination of employment

The Committee previously noted the Government’s indication that an amendment to the Essential Services (Maintenance) Act, 1952, under which government employees who unilaterally terminate their employment without consent of the employer are subject to a term of imprisonment, was to be considered by the tripartite commission on the consolidation, simplification and rationalization of labour laws. As the Government’s report contains no new information on this subject, the Committee trusts that the necessary measures will be taken in order to bring the federal and provincial essential services Acts into conformity with the Convention and that the Government will report on the progress achieved in this regard.

Article 25. Penalties for the illegal exaction of forced or compulsory labour

The Committee notes the Government’s indications in the report concerning the number of the trafficking-related complaints registered under the Prevention and Control of Human Trafficking Ordinance (2002), the number of investigations and the number of convictions obtained during the period 2007–09. It also notes the Government’s indication concerning the penalties imposed on perpetrators.

The Committee asks the Government to continue to provide updated information on the enforcement of the 2002 Ordinance, communicating the numbers of trafficking-related complaints registered, court proceedings initiated, convictions obtained and the penalties imposed, including sample copies of the relevant court decisions, indicating the minimum penalties imposed. Recalling also that Article 25 of the Convention provides that the illegal exaction of forced or compulsory labour shall be punishable by penalties that are really adequate and strictly enforced, the Committee once again requests information on any legal actions taken against employers of bonded labourers under the BLSA, including copies of any court decisions in order to demonstrate the effectiveness of its provisions and to indicate the penalties imposed.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes with regret that no comments have been received from the Government in reply to the following communications received from the organizations of workers, which contain observations concerning the application of the Convention by Pakistan: communications dated 31 August and 19 September 2006 received from the International Confederation of Free Trade Unions (now – the International Trade Unions Confederation (ITUC)), communication dated 30 March 2007 received from the All Pakistan Federation of United Trade Unions (APFUTU) and communication dated 2 May 2007 received from the Pakistan Workers Federation (PWF). The Committee previously noted that the above communications were sent to the Government, in September and October 2006 and in May and June 2007, for any comments it might wish to make on the matters raised therein. The Committee also notes two new communications received from the ITUC (dated 29 August 2008) and PWF (dated 21 September 2008), which were sent to the Government, in September and October 2008, for any comments it might wish to make on the matters raised therein. The Committee hopes that the Government will not fail to supply its comments in its next report, so as to enable the Committee to examine them at its next session.

I. Articles 1, paragraph 1, and 2, paragraph 1, of the Convention

A. Debt bondage

In its earlier comments, the Committee noted the difficulties in the implementation of the Bonded Labour System (Abolition) Act (BLSA), 1992. The Committee notes the communications from the All Pakistan Federation of Trade Unions (APFTU) and the All Pakistan Trade Union Federation (APTUF) dated 26 April 2005 and 14 May 2005, respectively, which contain comments on the observance of the Convention and which were forwarded to the Government in June and July 2005 for any comments it might wish to make on the matters raised therein. Among other things, the APTUF observed that the BLSA was not being implemented, and the APTFU similarly observed that laws, including those concerning bonded labour, were not being enforced due to the absence of adequate labour inspection machinery. Since no comments from the Government on these communications have been received to date, the Committee hopes the Government will provide them in its next report.

The Committee notes the National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers of 2001, which the Government communicated in its latest report. The Committee notes that under the plan of action, a National Committee for the Abolition and Rehabilitation of Bonded Labour was to be established to coordinate the implementation of the plan, with the specific functions of:

–      reviewing the implementation of the BLSA and of the action plan;

–      monitoring the work of the district-level vigilance committees set up under section 15 of the BLSA and the Bonded Labour System (Abolition) Rules, 1995; and

–      addressing concerns of national and international bodies on bonded and forced labour issues.

The Committee notes the statement by the Ministry of Labour in its 2005 draft Labour Protection Policy, that the 2001 National Policy and Plan of Action “clearly establishes the intentions and commitment of Government to implement in full” the Convention. The Committee further notes, however, the statement of the Ministry of Labour in its document, “Labour Policy, 2002”, dated 23 September 2002, that the targets and activities set out in the 2001 National Policy and Plan of Action “need to be actively implemented”.

Implementation of National Policy and Plan of Action
for the Abolition of Bonded Labour

The Committee notes that in its latest report the Government specifies recent initiatives against bonded labour it is taking or contemplating, apparently within the framework of its 2001 National Policy and Plan of Action, including:

–      establishment of a Legal Aid Service Unit in the Labour Departments of Punjab and NWFP with a toll free help line to provide legal advice and assistance to needy bonded labourers, with a plan envisaged to hire legal experts to provide legal assistance;

–      launching a scheme to construct low-cost housing for freed bonded labour families in the agricultural sector of Sindh, which will provide shelter to these families and contribute to their rehabilitation;

–      organizing training workshops for key district government officials and other concerned stakeholders to enhance their capacity and enable them to draw up district-level plans to identify bonded labourers and activate the district vigilance committees; and

–      incorporating the issue of bonded labour into the syllabi of judicial, police and civil service academies, in order to help sensitize judicial, law enforcement, and civil service officials to the problem, and holding capacity-building seminars.

The Committee notes the Government’s indication that, under the BLSA, inspection functions in the area of bonded labour have been assigned to the regular labour inspectorate, as well as to local government heads/officials and police departments. The Committee also notes from the 2001 action plan document, that the fund mandated by the BLSA Rules had been established and an initial deposit of 100 million rupees had been made. The Government, in its report received in January 2005 (on the application of the Abolition of Forced Labour Convention, 1957 (No. 105)), indicates that work has started on making the Bonded Labour Fund functional, and that a project manual was being prepared to provide guidelines to executing agencies for preparing project proposals for financing.

While recognizing these government initiatives to try and combat bonded labour, the Committee hopes that necessary measures are being taken or envisaged to ensure the effective implementation of the 2001 National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers. The Committee hopes that in its next report the Government will provide detailed information on progress made and practical results achieved, including copies of relevant reports on all of the activities, projects, institutions and mandates referred to in the action plan. The Committee further asks that the Government provide information clarifying the present status of the district vigilance committees as well as their role in, and relationship to, the labour inspection process, and that it supply information about actions that both the district magistrates and vigilance committees are taking to ensure the effective implementation of the BLSA and the fulfilment of their other functions as mandated under the BLSA and the 1995 rules, such information to include copies of monitoring/evaluation reports prepared by the National Committee for the Abolition and Rehabilitation of Bonded Labour.

Special programme of action to combat forced/bonded labour

The Committee in its report (on the application of Convention No. 105), received in January 2005, the Government indicates that since mid-2002 it has been carrying out a special Programme of Action to Combat Forced/Bonded Labour with technical assistance from the ILO. The Government indicates that under the programme the ILO was, among other things, to provide training on human rights and bonded labour concerns to the District Nazims, members of the vigilance committees, and judicial and law enforcement officials; to assist the Government in developing partnerships with stakeholders, employers, and workers; to provide advice on the creation of a high-level national body to combat forced labour; and to assist it in launching demonstration projects to test the feasibility of approaches adopted to tackle the problem. The Committee asks that, in its next report, the Government provide more detailed and comprehensive information concerning this programme and its implementation, including copies of the most recent reports evaluating programme activities and outcomes.

Debt bondage: Data-gathering measures to ascertain
the current nature and scope of the problem

The Committee notes that under the 2001 National Policy and Plan of Action a national survey to ascertain the extent of bonded labour was to have been undertaken by January 2002, yet it notes the Government’s indication in its latest report that no such quantitative survey has yet been carried out to measure the quantum of the problem in the country.

The Committee notes a 2004 report of an initiative of the Ministry of Labour and the ILO, entitled “Rapid Assessment Studies of Bonded Labour in Different Sectors in Pakistan”, which contains findings and conclusions from a series of rapid assessment studies conducted from October 2002 to January 2003 by teams of social scientists and researchers under the auspices of the Bonded Labour Research Forum (BLRF), the aim of which was to explore the existence and nature of bonded labour in ten sectors – namely, agriculture, construction, carpet weaving, brick making, marine fisheries, mining, glass bangles, tanneries, domestic work, and begging – and to seek preliminary conclusions. The project represented the first phase of a larger research programme and was intended to lay the groundwork for detailed sector studies and a national survey to determine the incidence of bonded labour across the country, as foreseen in the Government’s National Plan of Action. The rapid assessment studies focused primarily on debt bondage but also explored other forms of bonded and forced labour without debt.

The Committee notes the conclusion in the report that the findings in “the sectors covered … yield fresh insights into the workings of the peshgi (advance payments) system and its possible relationship with bonded labour and other coercive labour arrangements”. The correlation was found to be “relatively weak” in some sectors but present in others. The report also emphasizes the findings that there exist “other forms of labour bonding and coercion … not clearly associated with the peshgi system”.

The Committee reiterates its hope that the Government, as a follow-up to the preliminary part of the research programme noted above and in accordance with the mandate of its 2001 National Policy and Plan of Action, will undertake a statistical survey on bonded labour throughout the country, using a valid methodology in cooperation with employers’ and workers’ organizations and with human rights organizations and institutions, and that it will supply information on the progress achieved in this connection.

Bonded labour in agriculture

In its previous observation, the Committee noted the Government’s view that there are built-in deficiencies in its labour laws on dealing with labour engaged in the agricultural sector. The Committee asks once again that the Government supply further information on the issue, as well as information on measures taken or envisaged to remedy the situation, in the context of the eradication of bonded labour in agriculture.

B. Trafficking in persons

The Committee notes the promulgation of the Prevention and Control of Human Trafficking Ordinance, 2002 (PCHTO), which entered into force in October 2002. Among other things, the ordinance criminalizes “human trafficking”, which it defines, in part, as trafficking that entails the use of coercion for the purpose of attaining any benefit or for the purpose of exploitative entertainment, slavery or forced labour (sections 2(h) and 3); makes trafficking offences punishable by sanctions involving sentences of imprisonment of up to seven years and, in cases of trafficking of women, of up to ten years, as well as fines (section 3); provides for special sentences for trafficking offences committed by organized criminal groups (section 4) and for repeated offences (section 5); provides for the payment of compensation and expenses to victims (section 6); and makes trafficking in persons cognizable by the courts as a prosecutable offence (sections 8 and 10). The Committee asks that in its next report the Government supply a copy of the most recent rules and regulations that have been promulgated to implement the PCHTO.

Trafficking in persons. Data-gathering measures to
ascertain the current nature and scope of the problem

The Committee notes the 2005 report of the International Organisation for Migration (IOM) entitled, “Data and research on human trafficking: A global survey”, which indicates that Pakistan continues to be a major destination country for trafficked women as well as a major transit country of persons trafficked from Bangladesh to Middle Eastern countries, where women are exploited for sexual exploitation. The report indicates that men are seldom viewed as “victims of trafficking” and more often in the context of irregular migration, and that this shortcoming has limited the availability of knowledge and data on trafficking in men in South Asia. The report emphasizes that, while available studies contribute to an understanding of the causes, sources, destinations, and consequences of trafficking, current statistics on trafficking in persons are outdated or anecdotal, and there is an urgent need to carry out comprehensive national baseline surveys with the aim of developing a South Asian database on trafficking in persons. In light of these indications, the Committee hopes that the Government will undertake a national baseline survey on trafficking in persons, in cooperation with employers’ and workers’ organizations as well as other societal organizations and institutions, and that it will supply information on the progress achieved in this connection.

Practical measures aimed at the effective elimination
of trafficking in persons

The Committee notes the information concerning the Government’s collaboration with the IOM in an action programme on migration issues which includes, as a significant component, the problem of trafficking in persons. The Committee notes that, at the 12th Summit of the South Asian Association for Regional Cooperation (SAARC) in Islamabad in January 2004, the Government agreed to the Islamabad Declaration, which among other things calls on member States to “move towards an early ratification” of the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, adopted in 2002 (paragraph 19). The Committee also notes that in May 2005, representatives of the Government and other participants at the Fifth South Asia Ministerial Conference adopted the “Islamabad Declaration: Review and Future Action”, in which, among other things, they “recognize the gaps and challenges in implementation” in a number of areas, including an inadequate commitment, awareness, measures, and resources to combat violence against women (paragraph 5(g)); and the lack of regional cooperation and partnership initiatives to address problems of regional concerns such as trafficking in women (paragraph 5(q)). The Committee hopes that the Government will continue to develop policies and take measures that are aimed at the effective elimination of trafficking in persons in both law and practice, in conformity with the Convention, and that in its next report it will supply detailed information in this connection.

II. Restrictions on voluntary termination of employment

In its earlier comments, the Committee referred to the information supplied by the Government representative to the Conference Committee in June 1999, according to which an amendment to the Essential Services (Maintenance) Act of 1952, under which government employees who unilaterally terminate their employment without consent from the employer are subject to a term of imprisonment, was to be considered by the tripartite Commission on the Consolidation, Simplification and Rationalization of Labour Laws. The Government indicated in its report of 2000 that the Commission’s final report was expected at the end of September 2000. As the Government’s latest report contains no new information on this subject, the Committee once again requests the Government to supply a copy of the Commission’s report. The Committee expresses its firm hope that the Government will take the necessary steps to bring the federal and provincial essential services Acts into conformity with the Convention and will report on the progress achieved in this regard.

The Committee also repeats its request for copies of the full texts of the following Ordinances enacted in 2000: the Removal from Service (Special Powers) Ordinance, No. XVII of 27 May 2000; the Civil Servants (Amendment) Ordinance, No. XX of 1 June 2000; and the Compulsory Service in the Armed Forces (Amendment) Ordinance, No. LXIII of 6 December 2000.

III.  Article 25. Adequacy and enforcement of penalties
for the exaction of forced or compulsory labour.
Enforcement of Bonded Labour System (Abolition) Act, 1992

The Committee previously noted the allegations of the ICFTU, contained in its communications of 2001, according to which the Bonded Labour System (Abolition) Act, 1992 (BLSA) had not been applied in practice, as few officials were willing to implement it for fear of incurring the wrath of the landlords, thus allowing the latter to use forced labour with impunity. Recalling that Article 25 of the Convention provides that the illegal exaction of forced or compulsory labour shall be punishable by penalties that are really adequate and strictly enforced, the Committee once again requests information on the number of inspections under the BLSA, as well as information about any legal actions taken against employers of bonded labourers, including copies of any court rulings in such cases.

Enforcement of Prevention and Control of Human Trafficking Ordinance

With regard to enforcement of the Prevention and Control of Human Trafficking Ordinance, 2002 (PCHTO), the Committee notes a press statement by the Minister of the Interior in June 2005 that, during the period from 2003 to May 2005, 888 trafficking-related complaints under the PCHTO were registered with the Federal Investigation Agency; that as many as 737 suspected traffickers were arrested; that in 336 of these cases investigations subsequently led to court prosecutions; and that these prosecutions resulted in 85 convictions and four acquittals, with the remaining cases still pending in trial. The Committee also notes from the report of the Prime Minister Secretariat, “One year performance of the Government, August 2004 August 2005”, dated 29 August 2005, a section on “Curbing human trafficking” in a chapter entitled “Improving law and order”, which states:

        The Government through the Federal Investigation Agency has adopted stringent measures to curb human trafficking … For sustained action against human trafficking, Anti-Trafficking Units (ATUs) have been set up at FIA HQ and in zonal directorates. These outfits are dedicated units for the enforcement of laws relating to prevention of human trafficking to and from Pakistan. To solicit support from the Civil Society, leading NGOs have also been co-opted for information and assistance.

The Committee also notes the indication in the 2005 Annual Report of the Law Division of the Ministry of Law, Justice and Human Rights that, while the Government has promulgated an ordinance to criminalize human trafficking, “a lot needs to be done for effective implementation of that ordinance”.

The Committee asks that in its next report the Government provide updated information on the enforcement of the PCHTO, including statistics concerning the numbers of trafficking-related complaints registered, individuals arrested, court proceedings initiated, convictions obtained, penalties imposed, and victim compensation awarded, including copies of all relevant court rulings. More generally, it hopes that the Government, in accordance with Article 25 of the Convention, will endeavour to both assess whether and ensure that the penalties provided under the PCHTO that punish trafficking are really adequate and will strive to ensure that the PCHTO is strictly enforced, and that it provide information in this connection, including updated information concerning the evolution of the system of anti-trafficking units and assessing its strengths and shortcomings.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that no comments have been received from the Government in reply to the following communications received from the organizations of workers, which contain observations concerning the application of the Convention by Pakistan: communications dated 31 August and 19 September 2006 received from the International Confederation of Free Trade Unions (now – the International Trade Unions Confederation (ITUC)), communication dated 30 March 2007 received from the All Pakistan Federation of United Trade Unions (APFUTU) and communication dated 2 May 2007 received from the Pakistan Workers Federation (PWF). The Committee previously noted that the above communications were sent to the Government, in September and October 2006 and in May and June 2007, for any comments it might wish to make on the matters raised therein. The Committee also notes two new communications received from the ITUC (dated 29 August 2008) and PWF (dated 21 September 2008), which were sent to the Government, in September and October 2008, for any comments it might wish to make on the matters raised therein. The Committee hopes that the Government will not fail to supply its comments in its next report, so as to enable the Committee to examine them at its next session.

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

        I. Articles 1(1) and 2(1) of the Convention

        A. Debt bondage

1. In its earlier comments, the Committee noted the difficulties in the implementation of the Bonded Labour System (Abolition) Act (BLSA), 1992. The Committee notes the communications from the All Pakistan Federation of Trade Unions (APFTU) and the All Pakistan Trade Union Federation (APTUF) dated 26 April 2005 and 14 May 2005, respectively, which contain comments on the observance of the Convention and which were forwarded to the Government in June and July 2005 for any comments it might wish to make on the matters raised therein. Among other things, the APTUF observed that the BLSA was not being implemented, and the APTFU similarly observed that laws, including those concerning bonded labour, were not being enforced due to the absence of adequate labour inspection machinery. Since no comments from the Government on these communications have been received to date, the Committee hopes the Government will provide them in its next report.

2. The Committee notes the National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers of 2001, which the Government communicated in its latest report. The Committee notes that under the plan of action, a National Committee for the Abolition and Rehabilitation of Bonded Labour was to be established to coordinate the implementation of the plan, with the specific functions of:

–        reviewing the implementation of the BLSA and of the action plan;

–        monitoring the work of the district-level vigilance committees set up under section 15 of the BLSA and the Bonded Labour System (Abolition) Rules, 1995; and

–        addressing concerns of national and international bodies on bonded and forced labour issues.

The Committee notes the statement by the Ministry of Labour in its 2005 draft Labour Protection Policy, that the 2001 National Policy and Plan of Action “clearly establishes the intentions and commitment of Government to implement in full” the Convention. The Committee further notes, however, the statement of the Ministry of Labour in its document, “Labour Policy, 2002”, dated 23 September 2002, that the targets and activities set out in the 2001 National Policy and Plan of Action “need to be actively implemented”.

Implementation of National Policy and Plan of Action for the Abolition of Bonded Labour

3. The Committee notes that in its latest report the Government specifies recent initiatives against bonded labour it is taking or contemplating, apparently within the framework of its 2001 National Policy and Plan of Action, including:

–        establishment of a Legal Aid Service Unit in the Labour Departments of Punjab and NWFP with a toll free help line to provide legal advice and assistance to needy bonded labourers, with a plan envisaged to hire legal experts to provide legal assistance;

–        launching a scheme to construct low-cost housing for freed bonded labour families in the agricultural sector of Sindh, which will provide shelter to these families and contribute to their rehabilitation;

–        organizing training workshops for key district government officials and other concerned stakeholders to enhance their capacity and enable them to draw up district-level plans to identify bonded labourers and activate the district vigilance committees; and

–        incorporating the issue of bonded labour into the syllabi of judicial, police and civil service academies, in order to help sensitize judicial, law enforcement, and civil service officials to the problem, and holding capacity-building seminars.

4. The Committee notes the Government’s indication that, under the BLSA, inspection functions in the area of bonded labour have been assigned to the regular labour inspectorate, as well as to local government heads/officials and police departments. The Committee also notes from the 2001 action plan document, that the fund mandated by the BLSA Rules had been established and an initial deposit of 100 million rupees had been made. The Government, in its report received in January 2005 (on the application of the Abolition of Forced Labour Convention, 1957 (No. 105)), indicates that work has started on making the Bonded Labour Fund functional, and that a project manual was being prepared to provide guidelines to executing agencies for preparing project proposals for financing.

5. While recognizing these government initiatives to try and combat bonded labour, the Committee hopes that necessary measures are being taken or envisaged to ensure the effective implementation of the 2001 National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers. The Committee hopes that in its next report the Government will provide detailed information on progress made and practical results achieved, including copies of relevant reports on all of the activities, projects, institutions and mandates referred to in the action plan. The Committee further asks that the Government provide information clarifying the present status of the district vigilance committees as well as their role in, and relationship to, the labour inspection process, and that it supply information about actions that both the district magistrates and vigilance committees are taking to ensure the effective implementation of the BLSA and the fulfilment of their other functions as mandated under the BLSA and the 1995 rules, such information to include copies of monitoring/evaluation reports prepared by the National Committee for the Abolition and Rehabilitation of Bonded Labour.

Special programme of action to combat forced/bonded labour

6. The Committee in its report (on the application of Convention No. 105), received in January 2005, the Government indicates that since mid-2002 it has been carrying out a special Programme of Action to Combat Forced/Bonded Labour with technical assistance from the ILO. The Government indicates that under the programme the ILO was, among other things, to provide training on human rights and bonded labour concerns to the District Nazims, members of the vigilance committees, and judicial and law enforcement officials; to assist the Government in developing partnerships with stakeholders, employers, and workers; to provide advice on the creation of a high-level national body to combat forced labour; and to assist it in launching demonstration projects to test the feasibility of approaches adopted to tackle the problem. The Committee asks that, in its next report, the Government provide more detailed and comprehensive information concerning this programme and its implementation, including copies of the most recent reports evaluating programme activities and outcomes.

Debt bondage: Data-gathering measures to ascertain the current nature and scope of the problem

7. The Committee notes that under the 2001 National Policy and Plan of Action a national survey to ascertain the extent of bonded labour was to have been undertaken by January 2002, yet it notes the Government’s indication in its latest report that no such quantitative survey has yet been carried out to measure the quantum of the problem in the country.

8. The Committee notes a 2004 report of an initiative of the Ministry of Labour and the ILO, entitled “Rapid Assessment Studies of Bonded Labour in Different Sectors in Pakistan”, which contains findings and conclusions from a series of rapid assessment studies conducted from October 2002 to January 2003 by teams of social scientists and researchers under the auspices of the Bonded Labour Research Forum (BLRF), the aim of which was to explore the existence and nature of bonded labour in ten sectors – namely, agriculture, construction, carpet weaving, brick making, marine fisheries, mining, glass bangles, tanneries, domestic work, and begging – and to seek preliminary conclusions. The project represented the first phase of a larger research programme and was intended to lay the groundwork for detailed sector studies and a national survey to determine the incidence of bonded labour across the country, as foreseen in the Government’s National Plan of Action. The rapid assessment studies focused primarily on debt bondage but also explored other forms of bonded and forced labour without debt.

9. The Committee notes the conclusion in the report that the findings in “the sectors covered … yield fresh insights into the workings of the peshgi (advance payments) system and its possible relationship with bonded labour and other coercive labour arrangements”. The correlation was found to be “relatively weak” in some sectors but present in others. The report also emphasizes the findings that there exist “other forms of labour bonding and coercion … not clearly associated with the peshgi system”.

10. The Committee reiterates its hope that the Government, as a follow-up to the preliminary part of the research programme noted above and in accordance with the mandate of its 2001 National Policy and Plan of Action, will undertake a statistical survey on bonded labour throughout the country, using a valid methodology in cooperation with employers’ and workers’ organizations and with human rights organizations and institutions, and that it will supply information on the progress achieved in this connection.

Bonded labour in agriculture

11. In its previous observation, the Committee noted the Government’s view that there are built-in deficiencies in its labour laws on dealing with labour engaged in the agricultural sector. The Committee asks once again that the Government supply further information on the issue, as well as information on measures taken or envisaged to remedy the situation, in the context of the eradication of bonded labour in agriculture.

        B. Trafficking in persons

12. The Committee notes the promulgation of the Prevention and Control of Human Trafficking Ordinance, 2002 (PCHTO), which entered into force in October 2002. Among other things, the ordinance criminalizes “human trafficking”, which it defines, in part, as trafficking that entails the use of coercion for the purpose of attaining any benefit or for the purpose of exploitative entertainment, slavery or forced labour (sections 2(h) and 3); makes trafficking offences punishable by sanctions involving sentences of imprisonment of up to seven years and, in cases of trafficking of women, of up to ten years, as well as fines (section 3); provides for special sentences for trafficking offences committed by organized criminal groups (section 4) and for repeated offences (section 5); provides for the payment of compensation and expenses to victims (section 6); and makes trafficking in persons cognizable by the courts as a prosecutable offence (sections 8 and 10). The Committee asks that in its next report the Government supply a copy of the most recent rules and regulations that have been promulgated to implement the PCHTO.

        Trafficking in persons. Data-gathering measures to ascertain the current nature and scope of the problem

13. The Committee notes the 2005 report of the International Organisation for Migration (IOM) entitled, “Data and research on human trafficking: A global survey”, which indicates that Pakistan continues to be a major destination country for trafficked women as well as a major transit country of persons trafficked from Bangladesh to Middle Eastern countries, where women are exploited for sexual exploitation. The report indicates that men are seldom viewed as “victims of trafficking” and more often in the context of irregular migration, and that this shortcoming has limited the availability of knowledge and data on trafficking in men in South Asia. The report emphasizes that, while available studies contribute to an understanding of the causes, sources, destinations, and consequences of trafficking, current statistics on trafficking in persons are outdated or anecdotal, and there is an urgent need to carry out comprehensive national baseline surveys with the aim of developing a South Asian database on trafficking in persons. In light of these indications, the Committee hopes that the Government will undertake a national baseline survey on trafficking in persons, in cooperation with employers’ and workers’ organizations as well as other societal organizations and institutions, and that it will supply information on the progress achieved in this connection.

Practical measures aimed at the effective elimination of trafficking in persons.

14. The Committee notes the information concerning the Government’s collaboration with the IOM in an action programme on migration issues which includes, as a significant component, the problem of trafficking in persons. The Committee notes that, at the 12th Summit of the South Asian Association for Regional Cooperation (SAARC) in Islamabad in January 2004, the Government agreed to the Islamabad Declaration, which among other things calls on member States to “move towards an early ratification” of the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, adopted in 2002 (paragraph 19). The Committee also notes that in May 2005, representatives of the Government and other participants at the Fifth South Asia Ministerial Conference adopted the “Islamabad Declaration: Review and Future Action”, in which, among other things, they “recognize the gaps and challenges in implementation” in a number of areas, including an inadequate commitment, awareness, measures, and resources to combat violence against women (paragraph 5(g)); and the lack of regional cooperation and partnership initiatives to address problems of regional concerns such as trafficking in women (paragraph 5(q)). The Committee hopes that the Government will continue to develop policies and take measures that are aimed at the effective elimination of trafficking in persons in both law and practice, in conformity with the Convention, and that in its next report it will supply detailed information in this connection.

        II. Restrictions on voluntary termination of employment

15. In its earlier comments, the Committee referred to the information supplied by the Government representative to the Conference Committee in June 1999, according to which an amendment to the Essential Services (Maintenance) Act of 1952, under which government employees who unilaterally terminate their employment without consent from the employer are subject to a term of imprisonment, was to be considered by the tripartite Commission on the Consolidation, Simplification and Rationalization of Labour Laws. The Government indicated in its report of 2000 that the Commission’s final report was expected at the end of September 2000. As the Government’s latest report contains no new information on this subject, the Committee once again requests the Government to supply a copy of the Commission’s report. The Committee expresses its firm hope that the Government will take the necessary steps to bring the federal and provincial essential services Acts into conformity with the Convention and will report on the progress achieved in this regard.

16. The Committee also repeats its request for copies of the full texts of the following Ordinances enacted in 2000: the Removal from Service (Special Powers) Ordinance, No. XVII of 27 May 2000; the Civil Servants (Amendment) Ordinance, No. XX of 1 June 2000; and the Compulsory Service in the Armed Forces (Amendment) Ordinance, No. LXIII of 6 December 2000.

        III. Article 25. Adequacy and enforcement of penalties for the exaction of forced or compulsory labour

Enforcement of Bonded Labour System (Abolition) Act, 1992.

17. The Committee previously noted the allegations of the ICFTU, contained in its communications of 2001, according to which the Bonded Labour System (Abolition) Act, 1992 (BLSA) had not been applied in practice, as few officials were willing to implement it for fear of incurring the wrath of the landlords, thus allowing the latter to use forced labour with impunity. Recalling that Article 25 of the Convention provides that the illegal exaction of forced or compulsory labour shall be punishable by penalties that are really adequate and strictly enforced, the Committee once again requests information on the number of inspections under the BLSA, as well as information about any legal actions taken against employers of bonded labourers, including copies of any court rulings in such cases.

Enforcement of Prevention and Control of Human Trafficking Ordinance.

18. With regard to enforcement of the Prevention and Control of Human Trafficking Ordinance, 2002 (PCHTO), the Committee notes a press statement by the Minister of the Interior in June 2005 that, during the period from 2003 to May 2005, 888 trafficking-related complaints under the PCHTO were registered with the Federal Investigation Agency; that as many as 737 suspected traffickers were arrested; that in 336 of these cases investigations subsequently led to court prosecutions; and that these prosecutions resulted in 85 convictions and four acquittals, with the remaining cases still pending in trial. The Committee also notes from the report of the Prime Minister Secretariat, “One year performance of the Government, August 2004 August 2005”, dated 29 August 2005, a section on “Curbing human trafficking” in a chapter entitled “Improving law and order”, which states:

The Government through the Federal Investigation Agency has adopted stringent measures to curb human trafficking … For sustained action against human trafficking, Anti-Trafficking Units (ATUs) have been set up at FIA HQ and in zonal directorates. These outfits are dedicated units for the enforcement of laws relating to prevention of human trafficking to and from Pakistan. To solicit support from the Civil Society, leading NGOs have also been co-opted for information and assistance.

The Committee also notes the indication in the 2005 Annual Report of the Law Division of the Ministry of Law, Justice and Human Rights that, while the Government has promulgated an ordinance to criminalize human trafficking, “a lot needs to be done for effective implementation of that ordinance”.

19. The Committee asks that in its next report the Government provide updated information on the enforcement of the PCHTO, including statistics concerning the numbers of trafficking-related complaints registered, individuals arrested, court proceedings initiated, convictions obtained, penalties imposed, and victim compensation awarded, including copies of all relevant court rulings. More generally, it hopes that the Government, in accordance with Article 25 of the Convention, will endeavour to both assess whether and ensure that the penalties provided under the PCHTO that punish trafficking are really adequate and will strive to ensure that the PCHTO is strictly enforced, and that it provide information in this connection, including updated information concerning the evolution of the system of anti-trafficking units and assessing its strengths and shortcomings.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee has noted the following communications received from the organizations of workers, which contain observations concerning the application of the Convention by Pakistan: communications dated 31 August and 19 September 2006 received from the International Confederation of Free Trade Unions (now – the International Trade Unions Confederation (ITUC)), communication dated 30 March 2007 received from the All Pakistan Federation of United Trade Unions (APFUTU) and communication dated 2 May 2007 received from the Pakistan Workers Federation (PWF). The Committee notes that the above communications were sent to the Government, in September and October 2006 and in May and June 2007, for any comments it might wish to make on the matters raised therein. It hopes that the Government’s comments will be supplied in its next report, so as to enable the Committee to examine them at its next session.

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

I.      Articles 1(1) and 2(1) of the Convention

A. Debt bondage

1. In its earlier comments, the Committee noted the difficulties in the implementation of the Bonded Labour System (Abolition) Act (BLSA), 1992. The Committee notes the communications from the All Pakistan Federation of Trade Unions (APFTU) and the All Pakistan Trade Union Federation (APTUF) dated 26 April 2005 and 14 May 2005, respectively, which contain comments on the observance of the Convention and which were forwarded to the Government in June and July 2005 for any comments it might wish to make on the matters raised therein. Among other things, the APTUF observed that the BLSA was not being implemented, and the APTFU similarly observed that laws, including those concerning bonded labour, were not being enforced due to the absence of adequate labour inspection machinery. Since no comments from the Government on these communications have been received to date, the Committee hopes the Government will provide them in its next report.

2. The Committee notes the National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers of 2001, which the Government communicated in its latest report. The Committee notes that under the plan of action, a National Committee for the Abolition and Rehabilitation of Bonded Labour was to be established to coordinate the implementation of the plan, with the specific functions of:

n      reviewing the implementation of the BLSA and of the action plan;

n      monitoring the work of the district-level vigilance committees set up under section 15 of the BLSA and the Bonded Labour System (Abolition) Rules, 1995; and

n      addressing concerns of national and international bodies on bonded and forced labour issues.

The Committee notes the statement by the Ministry of Labour in its 2005 draft Labour Protection Policy, that the 2001 National Policy and Plan of Action “clearly establishes the intentions and commitment of Government to implement in full” the Convention. The Committee further notes, however, the statement of the Ministry of Labour in its document, “Labour Policy, 2002”, dated 23 September 2002, that the targets and activities set out in the 2001 National Policy and Plan of Action “need to be actively implemented”.

Implementation of National Policy and Plan of Action for the Abolition of Bonded Labour. 3. The Committee notes that in its latest report the Government specifies recent initiatives against bonded labour it is taking or contemplating, apparently within the framework of its 2001 National Policy and Plan of Action, including:

n      establishment of a Legal Aid Service Unit in the Labour Departments of Punjab and NWFP with a toll free help line to provide legal advice and assistance to needy bonded labourers, with a plan envisaged to hire legal experts to provide legal assistance;

n      launching a scheme to construct low-cost housing for freed bonded labour families in the agricultural sector of Sindh, which will provide shelter to these families and contribute to their rehabilitation;

n      organizing training workshops for key district government officials and other concerned stakeholders to enhance their capacity and enable them to draw up district-level plans to identify bonded labourers and activate the district vigilance committees; and

n      incorporating the issue of bonded labour into the syllabi of judicial, police and civil service academies, in order to help sensitize judicial, law enforcement, and civil service officials to the problem, and holding capacity-building seminars.

4. The Committee notes the Government’s indication that, under the BLSA, inspection functions in the area of bonded labour have been assigned to the regular labour inspectorate, as well as to local government heads/officials and police departments. The Committee also notes from the 2001 action plan document, that the fund mandated by the BLSA Rules had been established and an initial deposit of 100 million rupees had been made. The Government, in its report received in January 2005 (on the application of the Abolition of Forced Labour Convention, 1957 (No. 105)), indicates that work has started on making the Bonded Labour Fund functional, and that a project manual was being prepared to provide guidelines to executing agencies for preparing project proposals for financing.

5. While recognizing these Government initiatives to try and combat bonded labour, the Committee hopes that necessary measures are being taken or envisaged to ensure the effective implementation of the 2001 National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers. The Committee hopes that in its next report the Government will provide detailed information on progress made and practical results achieved, including copies of relevant reports on all of the activities, projects, institutions and mandates referred to in the action plan. The Committee further asks that the Government provide information clarifying the present status of the district vigilance committees as well as their role in, and relationship to, the labour inspection process, and that it supply information about actions that both the district magistrates and vigilance committees are taking to ensure the effective implementation of the BLSA and the fulfilment of their other functions as mandated under the BLSA and the 1995 rules, such information to include copies of monitoring/evaluation reports prepared by the National Committee for the Abolition and Rehabilitation of Bonded Labour.

Special programme of action to combat forced/bonded labour. 6. The Committee in its report (on the application of Convention No. 105), received in January 2005, the Government indicates that since mid-2002 it has been carrying out a special Programme of Action to Combat Forced/Bonded Labour with technical assistance from the ILO. The Government indicates that under the programme the ILO was, among other things, to provide training on human rights and bonded labour concerns to the District Nazims, members of the vigilance committees, and judicial and law enforcement officials; to assist the Government in developing partnerships with stakeholders, employers, and workers; to provide advice on the creation of a high-level national body to combat forced labour; and to assist it in launching demonstration projects to test the feasibility of approaches adopted to tackle the problem. The Committee asks that, in its next report, the Government provide more detailed and comprehensive information concerning this programme and its implementation, including copies of the most recent reports evaluating programme activities and outcomes.

Debt bondage: Data-gathering measures to ascertain the current nature and scope of the problem. 7. The Committee notes that under the 2001 National Policy and Plan of Action a national survey to ascertain the extent of bonded labour was to have been undertaken by January 2002, yet it notes the Government’s indication in its latest report that no such quantitative survey has yet been carried out to measure the quantum of the problem in the country.

8. The Committee notes a 2004 report of an initiative of the Ministry of Labour and the ILO, entitled “Rapid Assessment Studies of Bonded Labour in Different Sectors in Pakistan”, which contains findings and conclusions from a series of rapid assessment studies conducted from October 2002 to January 2003 by teams of social scientists and researchers under the auspices of the Bonded Labour Research Forum (BLRF), the aim of which was to explore the existence and nature of bonded labour in ten sectors – namely, agriculture, construction, carpet weaving, brick making, marine fisheries, mining, glass bangles, tanneries, domestic work, and begging – and to seek preliminary conclusions. The project represented the first phase of a larger research programme and was intended to lay the groundwork for detailed sector studies and a national survey to determine the incidence of bonded labour across the country, as foreseen in the Government’s National Plan of Action. The rapid assessment studies focused primarily on debt bondage but also explored other forms of bonded and forced labour without debt.

9. The Committee notes the conclusion in the report that the findings in “the sectors covered … yield fresh insights into the workings of the peshgi (advance payments) system and its possible relationship with bonded labour and other coercive labour arrangements”. The correlation was found to be “relatively weak” in some sectors but present in others. The report also emphasizes the findings that there exist “other forms of labour bonding and coercion … not clearly associated with the peshgi system”.

10. The Committee reiterates its hope that the Government, as a follow-up to the preliminary part of the research programme noted above and in accordance with the mandate of its 2001 National Policy and Plan of Action, will undertake a statistical survey on bonded labour throughout the country, using a valid methodology in cooperation with employers’ and workers’ organizations and with human rights organizations and institutions, and that it will supply information on the progress achieved in this connection.

Bonded labour in agriculture. 11. In its previous observation, the Committee noted the Government’s view that there are built-in deficiencies in its labour laws on dealing with labour engaged in the agricultural sector. The Committee asks once again that the Government supply further information on the issue, as well as information on measures taken or envisaged to remedy the situation, in the context of the eradication of bonded labour in agriculture.

Bonded child labour. 12. In its earlier comments, the Committee asked the Government to provide information on progress on the implementation of the agreement between the International Programme on the Elimination of Child Labour (IPEC) of the ILO and the Pakistan Carpet Manufacturers’ and Exporters’ Association (PCMEA), and the agreement signed by the Government in 1997 with the European Commission and the ILO to take measures aimed at the eradication of bonded child labour. With regard to this point and the problem of bonded child labour in general, the Committee notes that the Government has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182). In so far as Article 3(a) of Convention No. 182 provides that, the worst forms of child labour include “all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour”, the Committee is of the view that this problem can be examined more specifically under Convention No. 182. The protection of children is enhanced by the fact that Convention No. 182 requires states which ratify it to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly asks the Government to refer to its comments on the application of Convention No. 182.

B. Trafficking in persons

13. The Committee notes with interest the promulgation of the Prevention and Control of Human Trafficking Ordinance, 2002 (PCHTO), which entered into force in October 2002. Among other things, the ordinance criminalizes “human trafficking”, which it defines, in part, as trafficking that entails the use of coercion for the purpose of attaining any benefit or for the purpose of exploitative entertainment, slavery or forced labour (sections 2(h) and 3); makes trafficking offences punishable by sanctions involving sentences of imprisonment of up to seven years and, in cases of trafficking of women, of up to ten years, as well as fines (section 3); provides for special sentences for trafficking offences committed by organized criminal groups (section 4) and for repeated offences (section 5); provides for the payment of compensation and expenses to victims (section 6); and makes trafficking in persons cognizable by the courts as a prosecutable offence (sections 8 and 10). The Committee asks that in its next report the Government supply a copy of the most recent rules and regulations that have been promulgated to implement the PCHTO.

Trafficking in persons. Data-gathering measures to ascertain the current nature and scope of the problem. 14. The Committee notes the 2005 report of the International Organisation for Migration (IOM) entitled, “Data and research on human trafficking: A global survey”, which indicates that Pakistan continues to be a major destination country for trafficked women as well as a major transit country of persons trafficked from Bangladesh to Middle Eastern countries, where women are exploited for sexual exploitation. The report indicates that men are seldom viewed as “victims of trafficking” and more often in the context of irregular migration, and that this shortcoming has limited the availability of knowledge and data on trafficking in men in South Asia. The report emphasizes that, while available studies contribute to an understanding of the causes, sources, destinations, and consequences of trafficking, current statistics on trafficking in persons are outdated or anecdotal, and there is an urgent need to carry out comprehensive national baseline surveys with the aim of developing a South Asian database on trafficking in persons. In light of these indications, the Committee hopes that the Government will undertake a national baseline survey on trafficking in persons, in cooperation with employers’ and workers’ organizations as well as other societal organizations and institutions, and that it will supply information on the progress achieved in this connection.

Practical measures aimed at the effective elimination of trafficking in persons. 15. The Committee notes with interest the information concerning the Government’s collaboration with the IOM in an action programme on migration issues which includes, as a significant component, the problem of trafficking in persons. The Committee notes that, at the 12th Summit of the South Asian Association for Regional Cooperation (SAARC) in Islamabad in January 2004, the Government agreed to the Islamabad Declaration, which among other things calls on member States to “move towards an early ratification” of the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, adopted in 2002 (paragraph 19). The Committee also notes that in May 2005, representatives of the Government and other participants at the Fifth South Asia Ministerial Conference adopted the “Islamabad Declaration: Review and Future Action”, in which, among other things, they “recognize the gaps and challenges in implementation” in a number of areas, including an inadequate commitment, awareness, measures, and resources to combat violence against women (paragraph 5(g)); and the lack of regional cooperation and partnership initiatives to address problems of regional concerns such as trafficking in women (paragraph 5(q)). The Committee hopes that the Government will continue to develop policies and take measures that are aimed at the effective elimination of trafficking in persons in both law and practice, in conformity with the Convention, and that in its next report it will supply detailed information in this connection.

Trafficking in children. 16. The Committee has noted previous allegations of the ICFTU as well as indications in the IOM reports referred to above, according to which trafficking in children remains a serious problem in Pakistan. With regard to the problem of trafficking in children, for the reasons set out above concerning bonded child labour, the Committee asks the Government to refer to its comments on the application of Convention No. 182.

II.    Restrictions on voluntary termination of employment

17. In its earlier comments, the Committee referred to the information supplied by the Government representative to the Conference Committee in June 1999, according to which an amendment to the Essential Services (Maintenance) Act of 1952, under which government employees who unilaterally terminate their employment without consent from the employer are subject to a term of imprisonment, was to be considered by the tripartite Commission on the Consolidation, Simplification and Rationalization of Labour Laws. The Government indicated in its report of 2000 that the Commission’s final report was expected at the end of September 2000. As the Government’s latest report contains no new information on this subject, the Committee once again requests the Government to supply a copy of the Commission’s report. The Committee expresses its firm hope that the Government will take the necessary steps to bring the federal and provincial essential services Acts into conformity with the Convention and will report on the progress achieved in this regard.

18. The Committee also repeats its request for copies of the full texts of the following Ordinances enacted in 2000: the Removal from Service (Special Powers) Ordinance, No. XVII of 27 May 2000; the Civil Servants (Amendment) Ordinance, No. XX of 1 June 2000; and the Compulsory Service in the Armed Forces (Amendment) Ordinance, No. LXIII of 6 December 2000.

III.   Article 25. Adequacy and enforcement of penalties
for the exaction of forced or compulsory labour

Enforcement of Bonded Labour System (Abolition) Act, 1992. 19. The Committee previously noted the allegations of the ICFTU, contained in its communications of 2001, according to which the Bonded Labour System (Abolition) Act, 1992 (BLSA) had not been applied in practice, as few officials were willing to implement it for fear of incurring the wrath of the landlords, thus allowing the latter to use forced labour with impunity. Recalling that Article 25 of the Convention provides that the illegal exaction of forced or compulsory labour shall be punishable by penalties that are really adequate and strictly enforced, the Committee once again requests information on the number of inspections under the BLSA, as well as information about any legal actions taken against employers of bonded labourers, including copies of any court rulings in such cases.

Enforcement of Prevention and Control of Human Trafficking Ordinance. 20. With regard to enforcement of the Prevention and Control of Human Trafficking Ordinance, 2002 (PCHTO), the Committee notes a press statement by the Minister of the Interior in June 2005 that, during the period from 2003 to May 2005, 888 trafficking-related complaints under the PCHTO were registered with the Federal Investigation Agency; that as many as 737 suspected traffickers were arrested; that in 336 of these cases investigations subsequently led to court prosecutions; and that these prosecutions resulted in 85 convictions and four acquittals, with the remaining cases still pending in trial. The Committee also notes from the report of the Prime Minister Secretariat, “One year performance of the Government, August 2004‑August 2005”, dated 29 August 2005, a section on “Curbing human trafficking” in a chapter entitled “Improving law and order”, which states:

The Government through the Federal Investigation Agency has adopted stringent measures to curb human trafficking … For sustained action against human trafficking, Anti-Trafficking Units (ATUs) have been set up at FIA HQ and in zonal directorates. These outfits are dedicated units for the enforcement of laws relating to prevention of human trafficking to and from Pakistan. To solicit support from the Civil Society, leading NGOs have also been co-opted for information and assistance.

The Committee also notes the indication in the 2005 Annual Report of the Law Division of the Ministry of Law, Justice and Human Rights that, while the Government has promulgated an ordinance to criminalize human trafficking, “a lot needs to be done for effective implementation of that ordinance”.

21. The Committee asks that in its next report the Government provide updated information on the enforcement of the PCHTO, including statistics concerning the numbers of trafficking-related complaints registered, individuals arrested, court proceedings initiated, convictions obtained, penalties imposed, and victim compensation awarded, including copies of all relevant court rulings. More generally, it hopes that the Government, in accordance with Article 25 of the Convention, will endeavour to both assess whether and ensure that the penalties provided under the PCHTO that punish trafficking are really adequate and will strive to ensure that the PCHTO is strictly enforced, and that it provide information in this connection, including updated information concerning the evolution of the system of anti-trafficking units and assessing its strengths and shortcomings.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

I. Articles 1(1) and 2(1) of the Convention

A. Debt bondage

1. In its earlier comments, the Committee noted the difficulties in the implementation of the Bonded Labour System (Abolition) Act (BLSA), 1992. The Committee notes the communications from the All Pakistan Federation of Trade Unions (APFTU) and the All Pakistan Trade Union Federation (APTUF) dated 26 April 2005 and 14 May 2005, respectively, which contain comments on the observance of the Convention and which were forwarded to the Government in June and July 2005 for any comments it might wish to make on the matters raised therein. Among other things, the APTUF observed that the BLSA was not being implemented, and the APTFU similarly observed that laws, including those concerning bonded labour, were not being enforced due to the absence of adequate labour inspection machinery. Since no comments from the Government on these communications have been received to date, the Committee hopes the Government will provide them in its next report.

2. The Committee notes the National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers of 2001, which the Government communicated in its latest report. The Committee notes that under the plan of action, a National Committee for the Abolition and Rehabilitation of Bonded Labour was to be established to coordinate the implementation of the plan, with the specific functions of:

n  reviewing the implementation of the BLSA and of the action plan;

n  monitoring the work of the district-level vigilance committees set up under section 15 of the BLSA and the Bonded Labour System (Abolition) Rules, 1995; and

n  addressing concerns of national and international bodies on bonded and forced labour issues.

The Committee notes the statement by the Ministry of Labour in its 2005 draft Labour Protection Policy, that the 2001 National Policy and Plan of Action "clearly establishes the intentions and commitment of Government to implement in full" the Convention. The Committee further notes, however, the statement of the Ministry of Labour in its document, "Labour Policy, 2002", dated 23 September 2002, that the targets and activities set out in the 2001 National Policy and Plan of Action "need to be actively implemented".

Implementation of National Policy and Plan of Action for the Abolition of Bonded Labour. 3. The Committee notes that in its latest report the Government specifies recent initiatives against bonded labour it is taking or contemplating, apparently within the framework of its 2001 National Policy and Plan of Action, including:

n  establishment of a Legal Aid Service Unit in the Labour Departments of Punjab and NWFP with a toll free help line to provide legal advice and assistance to needy bonded labourers, with a plan envisaged to hire legal experts to provide legal assistance;

n  launching a scheme to construct low-cost housing for freed bonded labour families in the agricultural sector of Sindh, which will provide shelter to these families and contribute to their rehabilitation;

n  organizing training workshops for key district government officials and other concerned stakeholders to enhance their capacity and enable them to draw up district-level plans to identify bonded labourers and activate the district vigilance committees; and

n  incorporating the issue of bonded labour into the syllabi of judicial, police and civil service academies, in order to help sensitize judicial, law enforcement, and civil service officials to the problem, and holding capacity-building seminars.

4. The Committee notes the Government’s indication that, under the BLSA, inspection functions in the area of bonded labour have been assigned to the regular labour inspectorate, as well as to local government heads/officials and police departments. The Committee also notes from the 2001 action plan document, that the fund mandated by the BLSA Rules had been established and an initial deposit of 100 million rupees had been made. The Government, in its report received in January 2005 (on the application of the Abolition of Forced Labour Convention, 1957 (No. 105)), indicates that work has started on making the Bonded Labour Fund functional, and that a project manual was being prepared to provide guidelines to executing agencies for preparing project proposals for financing.

5. While recognizing these Government initiatives to try and combat bonded labour, the Committee hopes that necessary measures are being taken or envisaged to ensure the effective implementation of the 2001 National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers. The Committee hopes that in its next report the Government will provide detailed information on progress made and practical results achieved, including copies of relevant reports on all of the activities, projects, institutions and mandates referred to in the action plan. The Committee further asks that the Government provide information clarifying the present status of the district vigilance committees as well as their role in, and relationship to, the labour inspection process, and that it supply information about actions that both the district magistrates and vigilance committees are taking to ensure the effective implementation of the BLSA and the fulfilment of their other functions as mandated under the BLSA and the 1995 rules, such information to include copies of monitoring/evaluation reports prepared by the National Committee for the Abolition and Rehabilitation of Bonded Labour.

Special programme of action to combat forced/bonded labour. 6. The Committee in its report (on the application of Convention No. 105), received in January 2005, the Government indicates that since mid-2002 it has been carrying out a special Programme of Action to Combat Forced/Bonded Labour with technical assistance from the ILO. The Government indicates that under the programme the ILO was, among other things, to provide training on human rights and bonded labour concerns to the District Nazims, members of the vigilance committees, and judicial and law enforcement officials; to assist the Government in developing partnerships with stakeholders, employers, and workers; to provide advice on the creation of a high-level national body to combat forced labour; and to assist it in launching demonstration projects to test the feasibility of approaches adopted to tackle the problem. The Committee asks that, in its next report, the Government provide more detailed and comprehensive information concerning this programme and its implementation, including copies of the most recent reports evaluating programme activities and outcomes.

Debt bondage: Data-gathering measures to ascertain the current nature and scope of the problem. 7. The Committee notes that under the 2001 National Policy and Plan of Action a national survey to ascertain the extent of bonded labour was to have been undertaken by January 2002, yet it notes the Government’s indication in its latest report that no such quantitative survey has yet been carried out to measure the quantum of the problem in the country.

8. The Committee notes a 2004 report of an initiative of the Ministry of Labour and the ILO, entitled "Rapid Assessment Studies of Bonded Labour in Different Sectors in Pakistan", which contains findings and conclusions from a series of rapid assessment studies conducted from October 2002 to January 2003 by teams of social scientists and researchers under the auspices of the Bonded Labour Research Forum (BLRF), the aim of which was to explore the existence and nature of bonded labour in ten sectors - namely, agriculture, construction, carpet weaving, brick making, marine fisheries, mining, glass bangles, tanneries, domestic work, and begging - and to seek preliminary conclusions. The project represented the first phase of a larger research programme and was intended to lay the groundwork for detailed sector studies and a national survey to determine the incidence of bonded labour across the country, as foreseen in the Government’s National Plan of Action. The rapid assessment studies focused primarily on debt bondage but also explored other forms of bonded and forced labour without debt.

9. The Committee notes the conclusion in the report that the findings in "the sectors covered … yield fresh insights into the workings of the peshgi (advance payments) system and its possible relationship with bonded labour and other coercive labour arrangements". The correlation was found to be "relatively weak" in some sectors but present in others. The report also emphasizes the findings that there exist "other forms of labour bonding and coercion … not clearly associated with the peshgi system".

10. The Committee reiterates its hope that the Government, as a follow-up to the preliminary part of the research programme noted above and in accordance with the mandate of its 2001 National Policy and Plan of Action, will undertake a statistical survey on bonded labour throughout the country, using a valid methodology in cooperation with employers’ and workers’ organizations and with human rights organizations and institutions, and that it will supply information on the progress achieved in this connection.

Bonded labour in agriculture. 11. In its previous observation, the Committee noted the Government’s view that there are built-in deficiencies in its labour laws on dealing with labour engaged in the agricultural sector. The Committee asks once again that the Government supply further information on the issue, as well as information on measures taken or envisaged to remedy the situation, in the context of the eradication of bonded labour in agriculture.

Bonded child labour. 12. In its earlier comments, the Committee asked the Government to provide information on progress on the implementation of the agreement between the International Programme on the Elimination of Child Labour (IPEC) of the ILO and the Pakistan Carpet Manufacturers’ and Exporters’ Association (PCMEA), and the agreement signed by the Government in 1997 with the European Commission and the ILO to take measures aimed at the eradication of bonded child labour. With regard to this point and the problem of bonded child labour in general, the Committee notes that the Government has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182). In so far as Article 3(a) of Convention No. 182 provides that, the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee is of the view that this problem can be examined more specifically under Convention No. 182. The protection of children is enhanced by the fact that Convention No. 182 requires states which ratify it to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly asks the Government to refer to its comments on the application of Convention No. 182.

B. Trafficking in persons

13. The Committee notes with interest the promulgation of the Prevention and Control of Human Trafficking Ordinance, 2002 (PCHTO), which entered into force in October 2002. Among other things, the ordinance criminalizes "human trafficking", which it defines, in part, as trafficking that entails the use of coercion for the purpose of attaining any benefit or for the purpose of exploitative entertainment, slavery or forced labour (sections 2(h) and 3); makes trafficking offences punishable by sanctions involving sentences of imprisonment of up to seven years and, in cases of trafficking of women, of up to ten years, as well as fines (section 3); provides for special sentences for trafficking offences committed by organized criminal groups (section 4) and for repeated offences (section 5); provides for the payment of compensation and expenses to victims (section 6); and makes trafficking in persons cognizable by the courts as a prosecutable offence (sections 8 and 10). The Committee asks that in its next report the Government supply a copy of the most recent rules and regulations that have been promulgated to implement the PCHTO.

Trafficking in persons: Data-gathering measures to ascertain
the current nature and scope of the problem. 14. The Committee notes the 2005 report of the International Organisation for Migration (IOM) entitled, "Data and research on human trafficking: A global survey", which indicates that Pakistan continues to be a major destination country for trafficked women as well as a major transit country of persons trafficked from Bangladesh to Middle Eastern countries, where women are exploited for sexual exploitation. The report indicates that men are seldom viewed as "victims of trafficking" and more often in the context of irregular migration, and that this shortcoming has limited the availability of knowledge and data on trafficking in men in South Asia. The report emphasizes that, while available studies contribute to an understanding of the causes, sources, destinations, and consequences of trafficking, current statistics on trafficking in persons are outdated or anecdotal, and there is an urgent need to carry out comprehensive national baseline surveys with the aim of developing a South Asian database on trafficking in persons. In light of these indications, the Committee hopes that the Government will undertake a national baseline survey on trafficking in persons, in cooperation with employers’ and workers’ organizations as well as other societal organizations and institutions, and that it will supply information on the progress achieved in this connection.

Practical measures aimed at the effective elimination of trafficking in persons. 15. The Committee notes with interest the information concerning the Government’s collaboration with the IOM in an action programme on migration issues which includes, as a significant component, the problem of trafficking in persons. The Committee notes that, at the 12th Summit of the South Asian Association for Regional Cooperation (SAARC) in Islamabad in January 2004, the Government agreed to the Islamabad Declaration, which among other things calls on member States to "move towards an early ratification" of the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, adopted in 2002 (paragraph 19). The Committee also notes that in May 2005, representatives of the Government and other participants at the Fifth South Asia Ministerial Conference adopted the "Islamabad Declaration: Review and Future Action", in which, among other things, they "recognize the gaps and challenges in implementation" in a number of areas, including an inadequate commitment, awareness, measures, and resources to combat violence against women (paragraph 5(g)); and the lack of regional cooperation and partnership initiatives to address problems of regional concerns such as trafficking in women (paragraph 5(q)). The Committee hopes that the Government will continue to develop policies and take measures that are aimed at the effective elimination of trafficking in persons in both law and practice, in conformity with the Convention, and that in its next report it will supply detailed information in this connection.

Trafficking in children. 16. The Committee has noted previous allegations of the ICFTU as well as indications in the IOM reports referred to above, according to which trafficking in children remains a serious problem in Pakistan. With regard to the problem of trafficking in children, for the reasons set out above concerning bonded child labour, the Committee asks the Government to refer to its comments on the application of Convention No. 182.

II. Restrictions on voluntary termination of employment

17. In its earlier comments, the Committee referred to the information supplied by the Government representative to the Conference Committee in June 1999, according to which an amendment to the Essential Services (Maintenance) Act of 1952, under which government employees who unilaterally terminate their employment without consent from the employer are subject to a term of imprisonment, was to be considered by the tripartite Commission on the Consolidation, Simplification and Rationalization of Labour Laws. The Government indicated in its report of 2000 that the Commission’s final report was expected at the end of September 2000. As the Government’s latest report contains no new information on this subject, the Committee once again requests the Government to supply a copy of the Commission’s report. The Committee expresses its firm hope that the Government will take the necessary steps to bring the federal and provincial essential services Acts into conformity with the Convention and will report on the progress achieved in this regard.

18. The Committee also repeats its request for copies of the full texts of the following Ordinances enacted in 2000: the Removal from Service (Special Powers) Ordinance, No. XVII of 27 May 2000; the Civil Servants (Amendment) Ordinance, No. XX of 1 June 2000; and the Compulsory Service in the Armed Forces (Amendment) Ordinance, No. LXIII of 6 December 2000.

III. Article 25. Adequacy and enforcement of penalties for
  the exaction of forced or compulsory labour

Enforcement of Bonded Labour System (Abolition) Act, 1992. 19. The Committee previously noted the allegations of the ICFTU, contained in its communications of 2001, according to which the Bonded Labour System (Abolition) Act, 1992 (BLSA) had not been applied in practice, as few officials were willing to implement it for fear of incurring the wrath of the landlords, thus allowing the latter to use forced labour with impunity. Recalling that Article 25 of the Convention provides that the illegal exaction of forced or compulsory labour shall be punishable by penalties that are really adequate and strictly enforced, the Committee once again requests information on the number of inspections under the BLSA, as well as information about any legal actions taken against employers of bonded labourers, including copies of any court rulings in such cases.

Enforcement of Prevention and Control of Human Trafficking Ordinance. 20. With regard to enforcement of the Prevention and Control of Human Trafficking Ordinance, 2002 (PCHTO), the Committee notes a press statement by the Minister of the Interior in June 2005 that, during the period from 2003 to May 2005, 888 trafficking-related complaints under the PCHTO were registered with the Federal Investigation Agency; that as many as 737 suspected traffickers were arrested; that in 336 of these cases investigations subsequently led to court prosecutions; and that these prosecutions resulted in 85 convictions and four acquittals, with the remaining cases still pending in trial. The Committee also notes from the report of the Prime Minister Secretariat, "One year performance of the Government, August 2004-August 2005", dated 29 August 2005, a section on "Curbing human trafficking" in a chapter entitled "Improving law and order", which states:

The Government through the Federal Investigation Agency has adopted stringent measures to curb human trafficking … For sustained action against human trafficking, Anti-Trafficking Units (ATUs) have been set up at FIA HQ and in zonal directorates. These outfits are dedicated units for the enforcement of laws relating to prevention of human trafficking to and from Pakistan. To solicit support from the Civil Society, leading NGOs have also been co-opted for information and assistance.

The Committee also notes the indication in the 2005 Annual Report of the Law Division of the Ministry of Law, Justice and Human Rights that, while the Government has promulgated an ordinance to criminalize human trafficking, "a lot needs to be done for effective implementation of that ordinance".

21. The Committee asks that in its next report the Government provide updated information on the enforcement of the PCHTO, including statistics concerning the numbers of trafficking-related complaints registered, individuals arrested, court proceedings initiated, convictions obtained, penalties imposed, and victim compensation awarded, including copies of all relevant court rulings. More generally, it hopes that the Government, in accordance with Article 25 of the Convention, will endeavour to both assess whether and ensure that the penalties provided under the PCHTO that punish trafficking are really adequate and will strive to ensure that the PCHTO is strictly enforced, and that it provide information in this connection, including updated information concerning the evolution of the system of anti-trafficking units and assessing its strengths and shortcomings.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee has noted the Government’s report. It has also noted two communications received in September and November 2002 from the International Confederation of Free Trade Unions (ICFTU) and the All Pakistan Federation of Trade Unions (APFTU) respectively, which contain observations concerning the application of the Convention by Pakistan. The Committee has noted that these communications were sent to the Government in October and December 2002 for any comments it might wish to make on the matters raised therein. It hopes that the Government’s comments will be supplied in its next report, so as to enable the Committee to examine them at its next session.

Debt bondage

2. In its earlier comments, the Committee noted the difficulties in the implementation of the Bonded Labour System (Abolition) Act (BLSA), 1992. It referred to the allegations contained in the earlier communications by the ICFTU received in 2001, according to which bonded labour, though prohibited by law, is widespread in practice. The ICFTU referred to an estimate of the International Programme on the Elimination of Child Labour (IPEC) of the ILO that there are several million bonded labourers in Pakistan, a large percentage of whom are children. The Committee also noted the indications by the ICFTU that debt slavery and bonded labour, of adults as well as children, remain most often reported in agriculture, construction in rural areas, brick kilns, and in carpet making. Estimates of the total number of forced labourers vary widely, but it is not disputed that, in many parts of Pakistan, the practice of debt slavery and bonded labour is still very prevalent, and has a long history. The ICFTU expressed the view that the BLSA prohibits bonded labour, but remains ineffective at addressing the problem in practice. This view has been confirmed in the latest communication by the ICFTU received in 2002 and has also been shared by the APFTU in its communication of 2002 referred to above.

3. The Committee has noted a reference contained in the ICFTU communications of 2001 and 2002 to research by the Pakistan Institute for Labour Education and Research (PILER), a non-governmental organization, which estimated the number of sharecroppers in debt bondage in the year 2000, across the whole of the country, to be over 1.8 million people. The research estimated the upper limit of people in this form of bondage - using the broad definition of "the imposition of unpaid or nominally paid compulsory labour for the landlord on his farm or house (begar) regardless of the size of the debt"- to be 6.8 million people across Pakistan in the year 2000. The ICFTU alleges that the role of identifying and attempting to release bonded labourers has not been fulfilled either by vigilance committees or district magistrates, even though these are the institutions required by law to perform such a role.

4. The Committee has noted from the Government’s report that the National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers was approved by the Federal Cabinet in September 2001, and asks the Government to supply a copy, as well as information on its application in practice. The Committee has also noted the Government’s brief indications concerning routine inspections conducted by the Directorate of Labour, assisted by tripartite advisory committees, to ascertain the factual position of child/bonded labour, as well as information on the composition and functions of district vigilance committees which have been constituted to monitor the working under the above National Policy and Plan of Action. Referring to the allegations by the ICFTU that vigilance committees, though nominally established in the mid-1990s, but actually non-existent, the Committee hopes that the Government will provide clarification of this issue and describe measures taken or envisaged to ensure that vigilance committees are functioning effectively.

5. While noting the Government’s statement in the report that the BLSA is difficult to implement because of the identification of bonded labourers, the Committee points out that accurate data are a vital step in both the development of the most effective systems to combat bonded labour and providing a true base for the assessment of effectiveness of those systems. The Committee therefore hopes that the Government will undertake a statistical survey on bonded labour throughout the country, using a valid methodology in cooperation with employers’ and workers’ organizations and with human rights organizations and institutions, and will supply information on the progress achieved in this connection. Noting also the Government’s view expressed in the report that there are in-built deficiencies in labour laws to deal with labour engaged in the agriculture sector, the Committee hopes that the Government will supply further information on the issue, as well as information on measures taken or envisaged to remedy the situation, in the context of the eradication of bonded labour in agriculture.

Specific agreements aimed at eradicating bonded child labour

6. In its earlier comments, the Committee asked the Government to provide information on progress on the implementation of the agreement between the International Programme on the Elimination of Child Labour (IPEC) of the ILO and the Pakistan Carpet Manufacturers’ and Exporters’ Association (PCMEA), and the agreement signed by the Government in 1997 with the European Commission and the ILO to take measures aimed at the eradication of bonded child labour. The Committee expressed its concern about the Government’s inaction in collecting reliable statistics on the numbers of bonded child labourers.

7. While noting the Government’s brief indications in the report concerning measures taken under the Employment of Children Act, such as the number of inspections made, the number of prosecutions, cases decided and fines imposed, the Committee again requests the Government to provide information on the progress in the implementation of the above agreements and on the practical results achieved, and also to provide a comprehensive report containing valid statistical data on the numbers of bonded child labourers. In its report received in 2000 the Government indicated that an establishment-based survey would soon be carried out through the Federal Bureau of Statistics to measure the incidence of child labour in hazardous occupations. The Committee hopes that the Government will supply information on and results from this survey, particularly as to the incidence of bonded labour.

Trafficking in persons

8. The Committee previously noted the allegations of the ICFTU, according to which trafficking in persons is a serious problem in Pakistan, including the trafficking of children. The ICFTU alleged that, according to some reports, more than 100 women were trafficked into Pakistan from Bangladesh each day, and sold for the purposes of prostitution or other forms of forced labour. According to these allegations, women also reportedly arrive from Myanmar, Afghanistan, Sri Lanka and India, many eventually to be bought and sold in shops and brothels in Karachi. There are estimated to be several hundred thousand such trafficked women in Pakistan, with some reports suggesting that the total number is as many as 1.2 million. The ICFTU also indicated that estimates of the number of child prostitutes in Pakistan vary, but most suggest around 40,000.

9. The Committee also noted the indications of the ICFTU that there were reports of several hundred boys from Pakistan having been abducted and sent to the Persian Gulf States to work as camel jockeys. According to these allegations, child slavery and trafficking in children within Pakistan is a major problem, and kidnapping of children occurs, either for ransom, revenge against the child’s family or simply for purposes of slavery. In some rural areas, children are sold into debt bondage in exchange for money or land.

10. The Committee requests the Government to respond to the allegations made in the communications by the ICFTU in its next report.

Restrictions on voluntary termination of employment

11. In its earlier comments, the Committee referred to the information supplied by the Government representative to the Conference Committee in June 1999, according to which an amendment of the Essential Services (Maintenance) Act, under which government employees who unilaterally terminate their employment without consent from the employer are subject to a term of imprisonment, was to be considered by the tripartite Commission on the Consolidation, Simplification and Rationalization of Labour Laws. The Government indicated in its report of 2000 that the Commission’s final report was expected at the end of September 2000. As the Government’s latest report contains no new information on this subject, the Committee again requests the Government to supply a copy of this report and expresses firm hope that the Government will take the necessary steps to bring the federal and provincial Essential Services (Maintenance) Acts into conformity with the Convention and will report the progress achieved in this regard.

12. The Committee also repeats its request for copies of the full texts of the following Ordinances enacted in 2000: the Removal from Service (Special Powers) Ordinance, No. XVII of 27 May 2000; the Civil Servants (Amendment) Ordinance, No. XX of 1 June 2000; and the Compulsory Service in the Armed Forces (Amendment) Ordinance, No. LXIII of 6 December 2000.

Article 25 of the Convention

13. The Committee previously noted the allegations of the ICFTU, contained in its communications of 2001, according to which the Bonded Labour System (Abolition) Act of 1992 had not been applied in practice, as few officials were willing to implement it for fear of incurring the wrath of the landlords, thus allowing them to use forced labour with impunity. The Committee requested information on the number of inspections and of prosecutions and convictions of offenders under the Employment of Children Act 1991, the Employment of Children Rules 1995, the Bonded Labour System (Abolition) Act 1992, and the Bonded Labour System (Abolition) Rules 1995. While noting the data provided by the Government in its report concerning the Employment of Children Act, the Committee again requests the Government to provide information from each of the provinces and on each of the relevant laws. It also hopes that, more generally, the Government will provide information on the enforcement of laws aimed at punishing the exaction of forced or compulsory labour (such as section 374 of the Penal Code), and on measures it has taken to ensure that penal sanctions applied are really adequate and are strictly enforced, as required by the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

I. The Committee notes that no report has been received from the Government. It must therefore repeat is previous observation on the following matters:

  Debt bondage

1. The Committee has taken note of communications dated 29 August 2001 and 18 September 2001 of the International Confederation of Free Trade Unions (ICFTU), submitting comments on the observance of the Convention, copies of which were forwarded to the Government on 18 October 2001 and 25 October 2001, respectively, for any comments it might wish to make on the matters raised therein. In its communication dated 18 September 2001, the ICFTU alleged that forced labour is prohibited by law but is widespread in practice. The ICFTU referred to an estimate of the International Programme on the Elimination of Child Labour (IPEC) of the ILO that there are several million bonded labourers in Pakistan, a large percentage of whom are children. The ICFTU indicated that trade union studies found 200,000 families in bonded labour in the brick kiln industry alone. It alleged that the Bonded Labour System (Abolition) Act (BLSA) of 1992 prohibits bonded labour, but remains ineffective at addressing the problem in practice.

2. The Committee also notes the indications by the ICFTU that debt slavery and bonded labour, of adults as well as children, remain most often reported in agriculture, construction in rural areas, the brick kilns, and in carpet making. Estimates of the total number of forced labourers vary widely, but it is not disputed that, in many parts of Pakistan, the practice of debt slavery and bonded labour is still very prevalent, and has a long history. The ICFTU alleged that, while efforts carried out by non-governmental organizations, such as the Bonded Labour Liberation Front, have succeeded in freeing thousands of bonded labourers, this is a tiny proportion of the total number of bonded labourers, and the problem remains endemic. The ICFTU alleged that due to lack of alternatives, some freed debt slaves have reportedly returned to bonded labour.

3. The Committee notes the ICFTU communication of 29 August 2001, in which a report by Anti-Slavery International indicates that recent research by the non-governmental organization PILER (Pakistan Institute for Labour Education and Research) estimated the number of sharecroppers in debt bondage in the year 2000, across the whole of the country, to be over 1.8 million people. According to the report, this estimate did not include forced labour which is demanded by the landlord of his tenants. The research estimated the upper limit of people in this form of bondage - using the broad definition of "the imposition of unpaid or nominally paid compulsory labour for the landlord on his farm or house (begar) regardless of the size of the debt"- to be 6.8 million people across Pakistan in the year 2000.

4. The report communicated by the ICFTU further indicates that PILER also carried out a survey of bonded hari settlements in Sindh Province and 1,000 individuals responded (representing more than 6,000 people). The report indicates that the respondents to the survey stated that 2,226 men, women and children were subject to restrictions on their freedom of movement and a further 608 men and women were chained. According to the report, this information clearly indicated that bonded labour affects millions of people in Pakistan and is accompanied by other extremely serious human rights violations.

5. The Committee notes the indications in the report of Anti-Slavery International that in April 2001 the Government published its revised "Draft National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers". The report indicates that this remains a draft and needs to be approved by the federal Cabinet. The Committee asks the Government to supply a copy of its draft national policy and plan of action, and that it provide information on its final approval and on the application of the policy and on implementation of the plan of action.

6. The Committee hopes that the Government will present its comments on the allegations on the matters raised in the reports communicated by the ICFTU.

  Specific agreements aimed at eradicating bonded child labour

7. In its previous observation the Committee asked the Government to provide information on progress on the implementation of the agreement between the International Programme on the Elimination of Child Labour (IPEC) of the ILO and the Pakistan Carpet Manufacturers’ and Exporters’ Association (PCMEA), particularly as to the short-term goal of withdrawing from the carpet industry some 8,000 children over a three-year period. The Committee also asked the Government to provide information on progress on implementation of the agreement it signed in 1997 with the European Commission and the ILO to take measures aimed at the eradication of bonded child labour. The Committee once again expressed its concern about the Government’s inaction in collecting reliable statistics on the numbers of bonded child labourers.

8. The Committee once again requests the Government to provide information on the progress in the implementation of these agreements and on the practical results achieved, and also to provide a report containing valid statistical data on the numbers of bonded child labourers. In its report the Government indicated that an establishment-based survey would soon be carried out through the Federal Bureau of Statistics to measure the incidence of child labour in hazardous occupations. The Committee requests the Government to supply information on and results from this survey, particularly as to the incidence of bonded labour.

  Trafficking in persons

9. The Committee notes the allegations of the ICFTU, according to which trafficking in persons is a serious problem in Pakistan, including the trafficking of children. It alleges that some reports suggest that more than 100 women are trafficked into Pakistan from Bangladesh each day, and sold for the purposes of prostitution or other forms of forced labour. According to these allegations, women also reportedly arrive from Burma, Afghanistan, Sri Lanka and India, many eventually to be bought and sold in shops and brothels in Karachi. There are estimated to be several hundred thousand such trafficked women in Pakistan, with some reports suggesting that the total number is as many as 1.2 million. The ICFTU indicates that estimates of the number of child prostitutes in Pakistan vary, but most suggest around 40,000.

10. The Committee notes the indications of the ICFTU that there are also reports of several hundred boys from Pakistan having been abducted and sent to the Persian Gulf States to work as camel jockeys. According to these allegations, child slavery and trafficking in children within Pakistan is a major problem, and kidnapping of children occurs, either for ransom, revenge against the child’s family or simply for purposes of slavery. In some rural areas, children are sold into debt bondage in exchange for money or land.

11. The Committee hopes that the Government in its next report will respond to the allegations on the matters raised in the reports communicated by the ICFTU.

  Restrictions on voluntary termination of employment

12. In its previous observation the Committee noted that the Government representative informed the Conference Committee in June 1999 that an amendment of the Essential Services (Maintenance) Act, under which government employees who unilaterally terminate their employment without consent from the employer are subject to a term of imprisonment, was to be considered by the tripartite Commission on the Consolidation, Simplification and Rationalization of Labour Laws. The Committee notes that in its report the Government indicated that the Commission’s final report was expected at the end of September 2000. The Committee requests the Government to supply a copy of this report. The Committee trusts that the Government will take the necessary steps to bring the federal and provincial Essential Services (Maintenance) Act into conformity with the Convention, and requests that it supply information on the progress achieved towards that aim.

13. The Committee also asks, in this regard, that the Government provide the full text of the following Ordinances enacted in 2000: the Removal from Service (Special Powers) Ordinance, No. XVII of 27 May 2000; the Civil Servants (Amendment) Ordinance, No. XX of 1 June 2000; and the Compulsory Service in the Armed Forces (Amendment) Ordinance, No. LXIII of 6 December 2000.

  Article 25 of the Convention

14. The Committee notes the allegation, contained in the report of August 2001 communicated by the ICFTU, that the Bonded Labour System (Abolition) Act of 1992 has not been applied, as few officials are willing to implement it for fear of incurring the wrath of the landlords, thus allowing them to use forced labour with impunity. The Committee also notes the allegation of the ICFTU, in its communication dated 18 September 2001, that the Bonded Labour System (Abolition) Act of 1992, in spite of the adoption of rules in 1995 to ensure the Act was implemented, remains ineffective at addressing the problem in practice.

15. The Committee has previously expressed concerns relating to inspections, prosecutions, and convictions of offenders under the Employment of Children Act 1991, the Employment of Children Rules 1995, the Bonded Labour System (Abolition) Act 1992, and the Bonded Labour System (Abolition) Rules 1995. In its previous observation the Committee requested the Government to supply information on measures taken to reinforce the effectiveness of vigilance committees, and also on the manner of cooperation and communication between the vigilance committees and the magistrates; and on the role of magistrates in the process of identifying, freeing and rehabilitating bonded labourers. In its report the Government indicated that it was consulting with the provincial chief secretaries to obtain further information on these questions. Bearing this in mind, the Committee requests the Government to supply further information on each of these questions.

16. The Committee expressed its concern over the role of magistrates in the process of identifying, freeing and rehabilitating bonded labourers. The Committee notes that information on this point has not been provided, and it therefore repeats its request that the Government provide information on this question.

17. The Committee has previously requested information on the number of inspections and of prosecutions and convictions of offenders under the Employment of Children Act 1991, the Employment of Children Rules 1995, the Bonded Labour System (Abolition) Act 1992, and the Bonded Labour System (Abolition) Rules 1995. The Committee notes that the data provided by the Government in its report concern only the Sindha Province, and do not indicate under what law(s) prosecutions have occurred. The Committee requests the Government to provide information from each of the provinces and on each of the relevant laws. It asks that, in general, the Government provide information on the enforcement of laws aimed at punishing the exaction of forced or compulsory labour, and on measures it has taken to ensure that penal sanctions applied are really adequate and are strictly enforced, as required by the Convention. The Committee hopes the Government will also provide its comments in reply to the matters raised in the reports communicated by the ICFTU.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

II.  The Committee notes a communication received in September 2002 from the International Confederation of Free Trade Unions (ICFTU), which contains observations concerning the application of the Convention by Pakistan. It notes that this communication was sent to the Government in October 2002 for any comments it might wish to make on the matters raised therein. It hopes that the Government’s comments will be supplied in its next report, so as to enable the Committee to examine them at its next session.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report.

Debt bondage

1. The Committee has taken note of communications dated 29 August 2001 and 18 September 2001 of the International Confederation of Free Trade Unions (ICFTU), submitting comments on the observance of the Convention, copies of which were forwarded to the Government on 18 October 2001 and 25 October 2001, respectively, for any comments it might wish to make on the matters raised therein. In its communication dated 18 September 2001, the ICFTU alleged that forced labour is prohibited by law but is widespread in practice. The ICFTU referred to an estimate of the International Programme on the Elimination of Child Labour (IPEC) of the ILO that there are several million bonded labourers in Pakistan, a large percentage of whom are children. The ICFTU indicated that trade union studies found 200,000 families in bonded labour in the brick kiln industry alone. It alleged that the Bonded Labour System (Abolition) Act (BLSA) of 1992 prohibits bonded labour, but remains ineffective at addressing the problem in practice.

2. The Committee also notes the indications by the ICFTU that debt slavery and bonded labour, of adults as well as children, remain most often reported in agriculture, construction in rural areas, the brick kilns, and in carpet making. Estimates of the total number of forced labourers vary widely, but it is not disputed that, in many parts of Pakistan, the practice of debt slavery and bonded labour is still very prevalent, and has a long history. The ICFTU alleged that, while efforts carried out by non-governmental organizations, such as the Bonded Labour Liberation Front, have succeeded in freeing thousands of bonded labourers, this is a tiny proportion of the total number of bonded labourers, and the problem remains endemic. The ICFTU alleged that due to lack of alternatives, some freed debt slaves have reportedly returned to bonded labour.

3. The Committee notes the ICFTU communication of 29 August 2001, in which a report by Anti-Slavery International indicates that recent research by the non-governmental organization PILER (Pakistan Institute for Labour Education and Research) estimated the number of sharecroppers in debt bondage in the year 2000, across the whole of the country, to be over 1.8 million people. According to the report, this estimate did not include forced labour which is demanded by the landlord of his tenants. The research estimated the upper limit of people in this form of bondage - using the broad definition of "the imposition of unpaid or nominally paid compulsory labour for the landlord on his farm or house (begar) regardless of the size of the debt"- to be 6.8 million people across Pakistan in the year 2000.

4. The report communicated by the ICFTU further indicates that PILER also carried out a survey of bonded hari settlements in Sindh Province and 1,000 individuals responded (representing more than 6,000 people). The report indicates that the respondents to the survey stated that 2,226 men, women and children were subject to restrictions on their freedom of movement and a further 608 men and women were chained. According to the report, this information clearly indicated that bonded labour affects millions of people in Pakistan and is accompanied by other extremely serious human rights violations.

5. The Committee notes the indications in the report of Anti-Slavery International that in April 2001 the Government published its revised "Draft National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers". The report indicates that this remains a draft and needs to be approved by the federal Cabinet. The Committee asks the Government to supply a copy of its draft national policy and plan of action, and that it provide information on its final approval and on the application of the policy and on implementation of the plan of action.

6. The Committee hopes that the Government will present its comments on the allegations on the matters raised in the reports communicated by the ICFTU.

Specific agreements aimed at eradicating bonded child labour

7. In its previous observation the Committee asked the Government to provide information on progress on the implementation of the agreement between the International Programme on the Elimination of Child Labour (IPEC) of the ILO and the Pakistan Carpet Manufacturers’ and Exporters’ Association (PCMEA), particularly as to the short-term goal of withdrawing from the carpet industry some 8,000 children over a three-year period. The Committee also asked the Government to provide information on progress on implementation of the agreement it signed in 1997 with the European Commission and the ILO to take measures aimed at the eradication of bonded child labour. The Committee once again expressed its concern about the Government’s inaction in collecting reliable statistics on the numbers of bonded child labourers.

8. The Committee once again requests the Government to provide information on the progress in the implementation of these agreements and on the practical results achieved, and also to provide a report containing valid statistical data on the numbers of bonded child labourers. In its report the Government indicated that an establishment-based survey would soon be carried out through the Federal Bureau of Statistics to measure the incidence of child labour in hazardous occupations. The Committee requests the Government to supply information on and results from this survey, particularly as to the incidence of bonded labour.

Trafficking in persons

9. The Committee notes the allegations of the ICFTU, according to which trafficking in persons is a serious problem in Pakistan, including the trafficking of children. It alleges that some reports suggest that more than 100 women are trafficked into Pakistan from Bangladesh each day, and sold for the purposes of prostitution or other forms of forced labour. According to these allegations, women also reportedly arrive from Burma, Afghanistan, Sri Lanka and India, many eventually to be bought and sold in shops and brothels in Karachi. There are estimated to be several hundred thousand such trafficked women in Pakistan, with some reports suggesting that the total number is as many as 1.2 million. The ICFTU indicates that estimates of the number of child prostitutes in Pakistan vary, but most suggest around 40,000.

10. The Committee notes the indications of the ICFTU that there are also reports of several hundred boys from Pakistan having been abducted and sent to the Persian Gulf States to work as camel jockeys. According to these allegations, child slavery and trafficking in children within Pakistan is a major problem, and kidnapping of children occurs, either for ransom, revenge against the child’s family or simply for purposes of slavery. In some rural areas, children are sold into debt bondage in exchange for money or land.

11. The Committee hopes that the Government in its next report will respond to the allegations on the matters raised in the reports communicated by the ICFTU.

Restrictions on voluntary termination of employment

12. In its previous observation the Committee noted that the Government representative informed the Conference Committee in June 1999 that an amendment of the Essential Services (Maintenance) Act, under which government employees who unilaterally terminate their employment without consent from the employer are subject to a term of imprisonment, was to be considered by the tripartite Commission on the Consolidation, Simplification and Rationalization of Labour Laws. The Committee notes that in its report the Government indicated that the Commission’s final report was expected at the end of September 2000. The Committee requests the Government to supply a copy of this report. The Committee trusts that the Government will take the necessary steps to bring the federal and provincial Essential Services (Maintenance) Act into conformity with the Convention, and requests that it supply information on the progress achieved towards that aim.

13. The Committee also asks, in this regard, that the Government provide the full text of the following Ordinances enacted in 2000: the Removal from Service (Special Powers) Ordinance, No. XVII of 27 May 2000; the Civil Servants (Amendment) Ordinance, No. XX of 1 June 2000; and the Compulsory Service in the Armed Forces (Amendment) Ordinance, No. LXIII of 6 December 2000.

Article 25 of the Convention

14. The Committee notes the allegation, contained in the report of August 2001 communicated by the ICFTU, that the Bonded Labour System (Abolition) Act of 1992 has not been applied, as few officials are willing to implement it for fear of incurring the wrath of the landlords, thus allowing them to use forced labour with impunity. The Committee also notes the allegation of the ICFTU, in its communication dated 18 September 2001, that the Bonded Labour System (Abolition) Act of 1992, in spite of the adoption of rules in 1995 to ensure the Act was implemented, remains ineffective at addressing the problem in practice.

15. The Committee has previously expressed concerns relating to inspections, prosecutions, and convictions of offenders under the Employment of Children Act 1991, the Employment of Children Rules 1995, the Bonded Labour System (Abolition) Act 1992, and the Bonded Labour System (Abolition) Rules 1995. In its previous observation the Committee requested the Government to supply information on measures taken to reinforce the effectiveness of vigilance committees, and also on the manner of cooperation and communication between the vigilance committees and the magistrates; and on the role of magistrates in the process of identifying, freeing and rehabilitating bonded labourers. In its report the Government indicated that it was consulting with the provincial chief secretaries to obtain further information on these questions. Bearing this in mind, the Committee requests the Government to supply further information on each of these questions.

16. The Committee expressed its concern over the role of magistrates in the process of identifying, freeing and rehabilitating bonded labourers. The Committee notes that information on this point has not been provided, and it therefore repeats its request that the Government provide information on this question.

17. The Committee has previously requested information on the number of inspections and of prosecutions and convictions of offenders under the Employment of Children Act 1991, the Employment of Children Rules 1995, the Bonded Labour System (Abolition) Act 1992, and the Bonded Labour System (Abolition) Rules 1995. The Committee notes that the data provided by the Government in its report concern only the Sindha Province, and do not indicate under what law(s) prosecutions have occurred. The Committee requests the Government to provide information from each of the provinces and on each of the relevant laws. It asks that, in general, the Government provide information on the enforcement of laws aimed at punishing the exaction of forced or compulsory labour, and on measures it has taken to ensure that penal sanctions applied are really adequate and are strictly enforced, as required by the Convention. The Committee hopes the Government will also provide its comments in reply to the matters raised in the reports communicated by the ICFTU.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. Further to its previous comments, the Committee notes the discussions which took place at the Conference Committee on the Application of Standards in June 1999. The Committee further notes that the International Confederation of Free Trade Unions has submitted information and comments on the application of the Convention. This communication has been sent to the Government for comments and the Committee hopes that the Government will include them in its next report.

Bonded child labour

2. The Committee recalls the serious problems of bonded child labour which have been the subject of detailed discussions in this Committee and in the Conference Committee over many years.

3. The Committee had previously noted with interest the agreement which was signed between the International Programme on the Elimination of Child Labour (IPEC) of the ILO and the Pakistan Carpet Manufacturers' and Exporters' Association (PCMEA) on 22 October 1998. The Committee notes, as the Government representative before the Conference Committee indicated, this agreement sought to create a project to phase out initially some 8,000 children involved in the carpet industry within a period of 36 months. The agreement also concludes with an overall objective of meeting the deadline in the South Asian Association for Regional Cooperation (SAARC) Male (Maldives) Declaration on Eliminating Child Labour by the end of 2010. It further contains objectives to prevent further entry of children into the industry.

4. The Committee notes that no details were provided to the Conference Committee on the progress of the implementation of this agreement, and particularly noting the short-term goal of phasing out some 8,000 children within 36 months, the Committee requests the Government to provide information on the progress and results of implementation of the agreement.

5. The Committee also notes the information provided by the Government representative to the Conference Committee of the agreement signed with the European Commission and the ILO on 21 May 1997 to raise awareness on exploitative and hazardous child and child bonded labour practices; to increase the capacity to both withdraw children from bondage and prevent them from entering into bondage; and to target the small group of child bonded labour and their families with the major overall focus on rehabilitation. The Committee notes that no details were provided to the Conference Committee on the progress of the application of that agreement and requests the Government to provide information as to the progress made to implement that agreement and the practical results achieved.

6. Magnitude of the problem. Further to its previous observation, the Committee again expresses its concern about the continued lack of practical action of the Government to collect reliable statistics on the numbers of bonded child labourers, a concern which was reiterated by the Conference Committee. The Committee again refers to the Child Labour Survey which was conducted with the technical assistance of IPEC which indicated that there were between 2.9 million and 3.6 million child labourers (between the ages of 5 and 14) in the country. The Committee notes the information provided by the Government representative to the Conference Committee that the IPEC survey was considered to have included all working children including those working in bondage. The representative also indicated that the only entity apart from the Government which was able to provide a figure on the number of bonded workers was the National Human Rights Commission. The representative then proffered that the number of bonded labourers, children and adults, was between 5,000 and 7,000 and that the problem existed almost exclusively in the Province of Sindh and in some areas of the Punjab. The representative stated that there had been no survey performed along the lines of the IPEC survey and that the figures he had given were the Government's estimate based upon an independent survey and represented a realistic appraisal.

7. Whilst appreciating the difficulties associated with ascertaining precise figures on the numbers of bonded labourers because of its hidden nature and the efforts made by users to disguise it, the Committee urges the Government to provide a report which contains a statistically valid appreciation of the figures of both bonded child labour and bonded labour of adults, such report to include any relevant reports or statistics on this issue available from the National Human Rights Commission. The obtaining of realistic data is an essential component for both designing an appropriate scheme to combat the problem, as well as assessing its effectiveness.

Bonded labour generally

8. A further previously expressed concern of the Committee relates to the process of inspections, prosecutions and convictions of offenders under the Employment of Children Act, 1991, the Employment of Children Rules, 1995, the Bonded Labour System (Abolition) Act, 1992, and the Bonded Labour System (Abolition) Rules, 1995. There have been two major aspects of concern, the first as to the overall administrative arrangements, the second as to reliable statistical data relating to implementation.

9. As to the first administrative concerns, the Committee requested information on measures taken to reinforce the effectiveness of vigilance committees, and also requested information on the manner of cooperation and communication between the vigilance committees and the magistrates. These same issues were also discussed in the Conference Committee, where the Government representative indicated that the Government also shared these concerns. Indications were given by the representative of difficulties arising as a consequence of the issue of labour being subject to both provincial and federal jurisdiction, and whilst federal-level measures had been taken to cooperate with supervisory bodies, delays resulted in respect of the 106 districts and their respective vigilance committees. The Committee also notes the reinforcement given by the Conference Committee to this Committee's concerns and in particular about the process of identifying, freeing and rehabilitating bonded labourers, being the role of the magistrates. The Committee asks the Government to provide information on each of these questions raised previously and also on the overall progress being made to ensure effective implementation of the legislation.

10. As to the second matter, the Committee previously requested statistical data on the number of inspections, prosecutions and convictions of offenders. The Government representative before the Conference Committee provided certain statistical data but also indicated that some data were still in the process of being compiled, other data were not complete and that it would be provided to this Committee in the Government's next report. The Committee accordingly awaits the provision of that information in the Government's next report.

Shariah Court

11. Regarding the pending petitions filed in the Federal Shariah Court to declare some sections of the Bonded Labour System (Abolition) Act of 1992 as ultra vires Islamic injunctions, the Committee notes the statement by the Government representative that the Government would defend the Act and that its application would not be affected because of the court petitions. The Committee asks the Government to send a copy of the court ruling as soon as it is issued.

Restrictions on termination of employment

12. The Committee refers to its previous observations regarding the federal and provincial Essential Services Acts which contain provisions rendering employees in government employment who terminate employment without the consent of the employer subject to penalties of imprisonment. This matter was also raised in the Conference Committee on which occasion the representative of the Government indicated that the Government was "not proud of this piece of legislation" and that it was only resorted to when situations had reached an "extreme stage". The representative also repeated information previously given to this Committee to the effect that the scope of the Act had been progressively limited to five services. The representative also informed the Conference Committee that amendment of the Act would be considered by the newly established Tripartite Commission on the Consolidation, Simplification and Rationalization of Labour Laws and that the report of this Commission would be available in due course.

13. The Committee also refers to the observation made by it on the same topic under Convention No. 105 and to the seriousness of the continuance of the legislation as it stands. The Committee trusts that the Tripartite Committee will take these matters fully into account and requests the Government to take the necessary steps as soon as possible to bring the Acts into conformity with the Convention. The Committee requests the Government to supply information on the progress towards that aim.

14. In conclusion, the Committee requests the Government to provide detailed comments on each of the matters referred to herein in the context of its previous observation and direct request, for full examination by it at its next session.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's reports.

In its previous direct requests, the Committee had requested the Government to supply information on the terms of enlistment and the conditions for resigning from active service for career military personnel. In its reports the Government repeats the indications already noted by the Committee in its previous comments.

The Committee therefore again draws the Government's attention to its 1979 General Survey on the abolition of forced labour, particularly paragraphs 33 and 68 to 72, where it indicated that the provisions of Article 2(2)(a) of the Convention relating to compulsory military service do not apply to career military service and may not be invoked to deprive persons who have voluntarily entered into an engagement of the right to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice, subject to the conditions which may normally be required to ensure continuity of the service. As regards the cost of training qualified personnel, the Committee mentioned the possibility of proportional reimbursement which may be demanded during a certain period in the event of resignation.

The Committee, in order to ascertain the conformity of national legislation with the Convention, again requests the Government to provide a copy of the provisions governing the terms of service in the armed forces, with regard to conditions of enlistment and resignation, as well as any provisions applying in case of training received at the expense of the State.

The Committee also had asked the Government to supply a copy of the Compulsory Service in the Armed Forces Ordinance, No. XXXI of 1971.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the Government's reports in relation to Article 1(1) and Article 2(1) and (2) of the Convention. It also notes the discussions which took place at the Conference Committee on the Application of Standards in June 1997, as well as the comments of the All Pakistan Federation of United Trade Unions (APFUTU), received in May 1997. The Committee further notes information received from the ILO's International Programme for the Elimination of Child Labour (IPEC).

Bonded child labour

2. The Committee recalls the serious problems brought up in its previous observations and discussed several times in the Conference Committee. It notes that in 1997 the Conference Committee took note of the detailed information provided by the Government representative and the exhaustive discussions which had taken place; it also noted that the Government had adopted a certain number of measures aimed at eliminating forced labour, but that a large number of questions were still pending concerning the practical impact of the measures taken.

3. In this connection, the Committee notes with interest that, shortly before its session, the Government concluded an agreement with the International Labour Office and IPEC for the elimination of child labour in the carpet-making industry. The Committee looks forward to receiving detailed information in the Government's next report of the steps so far taken to implement this agreement.

4. Magnitude of the problem. Further to its previous observation the Committee notes the information provided by the Government in its reports and to the Conference Committee concerning particularly the Child Labour Survey, conducted with the technical assistance of IPEC. It notes from the statistics in the survey, as well as other comprehensive figures provided by the Government, that there are between 2.9 million and 3.6 million child labourers (between the ages of five and 14) in the country. While the Government has stated that some of the estimates of bonded child labour to which the Committee has previously referred are exaggerated, it has provided no estimate of its own. It would appreciate if the Government would continue to provide reliable figures collected at the district, provincial and federal levels, whether through government agencies or institutions or through organizations, on the number of inspections carried out, the number of prosecutions, the number of convictions under the Employment of Children Act, 1991, and Employment of Children Rules, 1995, and on the number of inspections, prosecutions and convictions under the Bonded Labour System (Abolition) Act, 1992, and the Bonded Labour System (Abolition) Rules, 1995. The Committee hopes that the Government, which states that it has taken a number of measures to implement these Acts and Rules, is now in a position to give full, detailed and documented information on their practical application.

5. The Committee notes with interest that the Government has taken various measures, on its own initiative and in cooperation with IPEC, the United Nations Children's Fund (UNICEF), the European Union and others, as well as international and national NGOs, aimed at eliminating child labour including bonded child labour. The Committee notes in particular the various awareness campaigns and programmes already completed. It notes, from the Government's report and from other sources, that the present Convention and legal texts on child and bonded labour have been translated into Urdu and Sindhi. The Committee hopes the Government will communicate further information on other measures taken, at both federal and provincial levels, to increase awareness and to broaden publicity among the general public and in various economic sectors with a view to eliminating child labour and bonded labour.

6. In its previous observation, the Committee observed that petitions had been filed in the Shariah Court to declare sections 6 and 8 of the Bonded Labour System (Abolition) Act of 1992 as ultra vires Islamic injunctions. According to the Government representative at the Conference Committee in 1997, the Supreme Court ruling of 1988, which pronounced bonded labour as unconstitutional "ensured that the 1992 Act continued to be implemented". From the Government's report, it appears that the above-mentioned petitions are still pending and that no decision has been given by the court. The Government states that it will have to defend the existing law as validly enacted. Please indicate whether the pending of the hearing of petitions affects in any manner the current application of the 1992 Act, and send a copy of the court ruling as soon as it is issued.

7. The Committee notes that an Advisory Committee on Child and Bonded Labour has been set up, comprised of representatives of the Ministries of Labour, Foreign Affairs, Commerce and the private sector to follow up on action taken and to provide advice on comprehensive action plans for the elimination of child and bonded labour. The Committee requests the Government to communicate any reports or other documentation adopted by the Advisory Committee, particularly on follow-up actions. Please also provide information on its mandate and impact.

8. In its previous direct request, the Committee had asked the Government to provide copies of the reports of the Human Rights Commission of Pakistan and of the National Commission on Child Welfare and Development. As this information was not received, the Committee again asks the Government to send a copy of the latest reports of these two Commissions, or relevant excerpts of those reports relating to child and bonded labour.

9. The Committee notes that, to facilitate the enforcement of the Employment of Children Act, 1991, and the Bonded Labour (Abolition) Act, 1992, rules have been formulated with the technical assistance of ILO-IPEC. Notifications have followed, at federal and provincial levels, which empower magistrates, including district magistrates and additional district magistrates to file cases or try offences under the Acts. The Government indicates however that the district administration can take cognizance of offences only if complaints are lodged with the Vigilance Committees (see below). Please explain how the Vigilance Committees and the magistrates cooperate, and communicate detailed information on the number and character of cases filed and the offences tried by district magistrates. Please also indicate what measures have been taken to investigate and prosecute those who are involved -- in whatever capacity -- in the continuation of bonded labour practices.

10. The Committee notes that, after the adoption of the Bonded Labour (Abolition) Rules, 1995, the composition of the Vigilance Committees which were established to ensure that the objectives of the related Act were achieved, has been enlarged and strengthened. The Government representative stated at the Conference Committee in 1997, that some of these committees were not very effective and might need to be reinforced; yet they did provide an institutional framework in the provinces for the investigation and monitoring of bonded labour. In its last report, the Government states that according to the provincial governments, the Vigilance Committees are functioning well and that their operation is being supervised by the Home Departments of the Provinces. Furthermore, the Ministry of Labour has constituted four monitoring teams to assess the working of institutions dealing with child and bonded labour across the country, and to provide feedback to the Government. The teams have held meetings with the Labour and Home Secretaries of the Provinces and District Vigilance Committees and paid visits to rehabilitation centres. These meetings were attended by representatives of workers' and employers' organizations. Two monitoring teams, for Baluchistan and the North-West Frontier Province, have submitted their reports, and the other two were in the process of finalizing theirs at the time the report was submitted. The Committee asks the Government to indicate what measures have been taken to reinforce the Vigilance Committees in order to render them more effective, and to communicate the reports by the monitoring teams.

11. Further to its previous observation on the matter, the Committee notes that the Worker members of the Conference Committee appealed to the Government to include representatives of employers' and worker's organizations as well as non-governmental organizations devoted to the elimination of bonded labour, in the machinery at district and local levels, to implement the Bonded Labour (Abolition) Act, 1992. The Committee also notes that the APFUTU asked in its comments that trade unions be involved directly in Vigilance Committees. The Committee notes that representatives of workers' and employers' organizations have been associated in the meetings of the monitoring groups. It asks the Government to comment on the participation of workers' and employers' organizations in the application of the 1992 Act and the 1995 Rules, as the effectiveness of the Vigilance Committees requires a participation by all to achieve a coordinated and expeditious approach to this serious problem.

12. The Committee also refers the Government to its observation under the Minimum Age (Industry) Convention (Revised), 1937 (No. 59).

Bonded labour generally

13. The Committee also asks the Government to provide detailed information in its next report on the measures taken to eliminate adult bonded labour, which appears still to exist in large numbers. Referring to its previous observation, the Committee notes the information supplied by the Government at the Conference Committee and in its latest report in relation to inspections carried out, to numbers of labourers released from bondage, and to rehabilitation centres. It asks the Government to communicate in its next report further detailed information, at federal, provincial, district and local levels, on the identification, release and rehabilitation of bonded labourers -- both children and adults -- under the Bonded Labour (Abolition) Act, 1992, as well as precise information and examples on the sanctions imposed on offenders, under section 14 of the Act and section 107 of the Penal Code (Article 25 of the Convention). Restrictions on termination of employment

14. Referring to its previous observation on the federal and provincial Essential Services Acts, the Committee recalls that certain provisions of those Acts render a person in government employment who terminates employment without the consent of the employer to be subject to imprisonment for up to one year, notwithstanding any expressed or implied term in the contract providing for termination with notice. These provisions may be extended to other classes of employment (Essential Services (Maintenance) Act, 1952, sections 2, 3(1)(b) and explanation 2, section 7(1); West Pakistan Essential Services Act, 1958 (as in force in Baluchistan and the North-West Frontier Province); Punjab and Sindh Essential Services (Maintenance) Acts, 1958). The Committee notes from the Government's statement that the application of the Acts has been narrowed further and that the number of establishments considered critical for the security of the country and the welfare of the community has been further reduced. The Committee notes that the list mentioned by a Government representative at the Conference Committee in 1998 in a discussion on Convention No. 87 has been reduced to five categories, three of which dealt with electricity, and that the other two were the Kahuta Research Laboratories and the Pakistan Security Printing Corporation and Security Papers Ltd., Karachi.

15. The Committee notes the Government's statement, repeated in its latest report, that it would take the necessary steps to meet the requirements of the Convention. It recalls that the Government has repeatedly indicated its intention to amend the provisions of the Act so that an employee may terminate his employment in accordance with the express or implied terms of his contract, in order to eliminate restrictions on the freedom of workers to leave their employment. It recalls from the Government's report in 1996, that the matter had been examined by a tripartite task force on labour, which submitted its report to the Cabinet, and that the recommendations were then under active consideration by the Government. No information on the matter was given either at the Conference Committee, which discussed the present Convention in 1997, or in the latest Government's report. The Committee therefore once again asks the Government to indicate what measures are envisaged or have been taken to amend the Essential Services (Maintenance) Acts in order to bring them into conformity with the Convention. (The Committee also comments on essential services in relation to the same laws under Conventions Nos. 87 and 105.)

16. The Committee is addressing a request directly to the Government on other matters.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Referring also to its observation under the Convention, the Committee notes the Government's reply to the previous request.

1. The Committee again requests the Government to provide copies of the annual reports since 1992 of the Human Rights Commission of Pakistan (HRCP) as well as of the most recent reports of the National Commission on Child Welfare and Development (NCCWD).

2. The Committee has been requesting the Government since 1981 to supply information on the terms of reference of career military personnel, in particular with regard to terms of enlistment and the conditions for resigning from active service.

In its most recent report, the Government, in line with earlier statements, indicates that the military service in Pakistan is a voluntary service and as such does not fall within the purview of ILO standards including Convention No. 29, ratified by Pakistan. As regards the workers' right to free choice of leaving the service in peacetime within a reasonable period, the Government, noting that officers/personnel in the armed forces of Pakistan are imparted extensive training which causes a lot of drain on the national exchequer, considers that as a poor country, Pakistan cannot afford to give a free option to its officers and men to leave by choice even in peacetime. A person is, however, allowed release/discharge from the service provided he has convincing reasons and can justify causes of his premature release/discharge. Moreover, according to Article 2(2)(a), of the Convention, any work or service exacted in virtue of compulsory military service laws for work of a purely military character shall stand excluded from the scope and application of the Convention. Therefore, the Government considers it not pertinent to supply the information called for concerning the terms and regulations governing service in the Armed Forces, especially the terms of enlistment and the conditions for resigning from the service.

The Committee takes due note of these indications. It again draws attention to the explanations provided in paragraphs 33 and 68-72 of its 1979 General Survey on the abolition of forced labour, where it indicated that the provisions in Article 2(2)(a) of the Convention relating to compulsory military service do not apply to career servicemen and consequently cannot be invoked to justify denying career servicemen the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. As regards the cost of training qualified personnel, the Committee mentioned the possibility of proportional reimbursement which may be demanded during a certain period in the event of resignation.

In order to be able to ascertain the conformity of national legislation with the Convention, the Committee again requests the Government to provide a copy of the provisions governing the terms of service in the armed forces, in particular as concerns conditions of enlistment and resignation as well as any provisions applying in case of training received at the expense of the State. The Committee likewise requests the Government to supply a copy of the Compulsory Service in the Armed Forces Ordinance, No. XXXI of 1971.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. Further to its previous observations, the Committee notes the Government's latest report on measures taken to ensure the observance of the Convention. The Committee also has taken note of the discussion on the issues raised in its previous observation that took place in the Conference Committee on the Application of Standards in June 1996, and of the observation on the application of the Convention made by the New Zealand Council of Trade Unions (NZCTU) in a communication dated 18 June 1996, which included a 1996 report by Anti-Slavery International on debt bondage in Pakistan entitled "This menace of bonded labour", and was transmitted for comments to the Government on 26 June 1996. The Government has not replied to these observations. Finally, the Committee also has noted the Report of the Working Group on Contemporary Forms of Slavery of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities on its 21st Session (UN document E/CN.4/Sub.2/1996/24 dated 19 July 1996).

I. Bonded labour

Magnitude of the problem

2. In earlier comments, the Committee noted allegations brought before the United Nations that 20 million persons worked as bonded labourers, 7 million of whom were children. The Committee noted the Government's indication that these figures were unrealistic, an appreciation shared by the All Pakistan Federation of Trade Unions. While comparing the alleged numbers with statistical data concerning the labour force and total population of Pakistan, the Government had not put forth any figures of its own concerning the numbers of bonded labourers. However, the Committee noted from the country paper submitted by the Government to the Asian Regional Seminar on Children in Bondage (Islamabad, November 1992) that in Pakistan child labour mostly persisted because of poverty, lack of public awareness, lack of education facilities and parents' debt bondage. In areas where parents (being peasants/labourers) are forced to provide labour services to landlords/employers, their children are frequently trapped in debt bondage. Often, the parents are given a loan to meet some urgent needs. The debtor has then to repay by working. In practice, the debt does not decrease; it even climbs upwards. The whole family becomes permanently enslaved and the money-lender claims repayment from succeeding generations. Thus children are usually pledged as workers in part payment of debt. Children can also be enslaved on their own. Parents may send them to work in the house of a landlord or moneylender. These children may stay for many years, not knowing how long they must work, or even the size of the debt they are paying off. The Committee further noted the observation by the All Pakistan Federation of Trade Unions in its communication dated 13 October 1994 that persons are subjected to forced labour under the bonded labour system in rural and less developed areas by the feudal lords but also in some coal mines and brick kilns.

3. The Committee notes from the report by Anti-Slavery International communicated by the NZCTU in June 1996 the allegation that:

Over the past two decades, bonded labour in Pakistan has been most notorious in the brick kiln industry. This has grown rapidly in recent decades, with brick kilns springing up in large numbers as towns have expanded. In the last few years, the involvement of bonded child labourers in producing hand-knotted carpets for export has also received considerable publicity outside Pakistan. There are many other sectors of employment in which bonded labour has been the norm rather than the exception. Along with child labour, bonded labour is prevalent in the "informal" industrial sector. It is notable in agriculture, where landless workers are tied to landowners both by debts and by a form of serfdom. It is also reported among fishermen.

Visibility and perception of the problem

4. In its report received in November 1995, the Government, assessing the extent of the problem of bonded child labour, had pointed out that the cases of bonded child labour are not visible. As the Committee noted in its report to the 83rd (1996) Session of the Conference, lack of visibility or of perception appears to be more generally a difficulty in dealing with the problem of bonded labour, a difficulty not so far overcome by established machinery.

Statutory instruments and machinery to deal with bonded labour

5. In the report on debt bondage in Pakistan made by Anti-Slavery International and communicated by the NZCTU in June 1996, legislative and administrative developments are commented upon as follows:

(a) The Bhatta Mazdoor Mohaz (BMM), Brick Kiln Workers' Union, was formed in 1967. Its campaign focused initially on winning basic workers' rights by insisting that brick kiln workers were indeed "workers" as defined by Pakistan's Factory Act of 1934. In 1988 the movement which had started with brick kiln workers was extended to incorporate all other bonded labourers, with the establishment of the Bonded Labour Liberation Front (BLLF). However, the concerns of the brick kiln workers remained at the centre of the BLLF's activities. In 1988 a petition from a group of brick kiln workers led to an all-important ruling by the Supreme Court which, drawing on article 11 of the Constitution, pronounced bonded labour unconstitutional and banned it. The ruling obliged the Government to change the law. A draft bill prepared in 1989 eventually became law in March 1992 as the Bonded Labour System (Abolition) Act.

(b) The 1992 Act was initially applauded by human rights activists and campaigners against bonded labour in Pakistan. It abolished the "bonded labour system", that is the practices and traditions associated with peshgi, in particular the expectation that anyone who had accepted an advance was obliged to work until it was paid off (section 4 of the Act). It stated that anyone working as a bonded labourer was no longer under an obligation to repay any part of their bonded debt (section 6). It introduced a punishment (either a fine or two to five years' imprisonment or both) for anyone who enforced a bonded debt in the future by making a debtor work for them (section 11), and the same penalty for anyone making a member of their own family work as a bonded labourer (for example, parents who accept a loan in return for pledging their child to work for someone else). In these respects the new Act did not go much further than previous laws, such as the 1933 Act banning the pledging of children, which had failed in their objectives and fallen into abeyance.

(c) However, following the example of a 1976 law against bonded labour in a neighbouring country, the new Act also included provisions which were intended to ensure that it was implemented. Under section 9, the Government was to confer on district magistrates the power to "ensure that the provisions of the Act are properly carried out", in particular to "try and promote the welfare of the freed bonded labourer by securing and protecting the economic interests of such bonded labourer" (section 10). District magistrates, in practice the government-appointed heads of district-level administrations, were given key responsibilities both to investigate whether there were bonded labourers working in the area for which they were responsible, and, if there were, to take action to guarantee their release and rehabilitation.

(d) Again modelled on the same example, section 15 of the Act provided for the establishment of "vigilance committees" in every district in the country to support the district magistrate and district administration in their efforts to identify, free and rehabilitate bonded labourers. Composed of prominent people in each district, both government officials and others such as lawyers and journalists, the committees are supposed to advise on the application of the law generally, and in particular to help in the rehabilitation of freed bonded labourers and provide them with assistance. The Act provides for vigilance committees to include "representatives of the district administration, bar associations, press, recognized social services and labour departments of the federal and provincial Governments." In these respects then, the 1992 Act was significantly more proactive than any previous legislation against debt bondage involving either adults or children in Pakistan. If implemented, the new law would provide a framework for action at local level to eradicate this form of human rights violation and to prevent its re-establishment.

(e) According to the same report, for three years after the adoption of the Bonded Labour System (Abolition) Act, the Government took no steps to enforce the Act. However, in July 1995 the federal Government (in the form of the Ministry of Labour, Manpower and Overseas Pakistanis) issued a set of rules: these were provided for by section 21 of the 1992 Act "for carrying out the purposes" of the Act. This was the first of a set of critical steps which the central Government had to take to ensure that the law against bonded labour was enforced. In Pakistan, the publication of the rules in the Government Gazette did not attract public attention, However, the fact that they were issued means that at provincial and district level, officials can start enforcing some of the provisions of the 1992 Act if they want to.

(f) The July 1995 rules instruct provincial Governments to delegate to district magistrates some of the powers contained in the Bonded Labour System (Abolition) Act, in particular the power to carry out inspections of places where bonded labourers are suspected to be working and other investigations into reports of bonded labour (Rule 4). They also instruct provincial governments to tell district magistrates to set up vigilance committees under the terms of section 15 of the 1992 Act (rule 6).

(g) In contrast to the Act itself, the rules are much more specific about who should be a member of vigilance committees, and rule 6 identifies 18 categories of persons to belong to each committee. Most are closely linked to the authorities themselves, such as a retired judge, a senior police officer, a member of the Provincial Assembly, and representatives of government departments dealing with labour, agriculture and education. However, there is also provision for representatives of a "recognized body of workers" (a trade union), and of "a registered or recognized NGO" (non-governmental organization) working for the protection of human rights and also for a journalist with "experience of working in the field of human rights". Normally such individuals could be expected to be quite independent of the local authorities controlling a district, but this is not guaranteed by the rules, as they provide for these individuals to be nominated by local or central government officials. Furthermore, the provision that there should be only one representative of a trade union or other organization representing workers means that the local elite are intended to completely dominate each vigilance committee.

(h) In contrast to the July 1995 rules, adopted in Pakistan under the 1992 Act, the rules governing the implementation of the corresponding legislation made in 1976 in a neighbouring country not only contained details on vigilance committee membership but also specified how to implement the new law by issuing release certificates to freed bonded labourers and by keeping a register containing personal details of all those released. They also gave guidance on the crucial process of rehabilitation, without which most released bonded labourers would remain under such pressure that they would be likely to take new loans and return to bondage within a short time.

(i) The shortcomings of the July 1995 rules lie particularly in their weak provisions for the rehabilitation of released bonded labourers. Rule 9 concerns the "establishment of the fund" which is "for the rehabilitation and welfare of the freed bonded labourer". This is to consist of initial contributions which the federal or provincial Governments may make, along with any contributions by national or international organizations. In practice, the Government does not seem to have allocated any money in recent budgets for this use, and it seems that in practice no resources have been identified to pay for any form of rehabilitation - in contrast to the specific sums of money, albeit limited, which have been provided for the rehabilitation of some child labourers. It is also notable that, in contrast to the rules issued elsewhere, the rules issued in Pakistan in 1995 do not give district officials any guidance about release procedures nor do they provide for any formal process for registering the personal details of bonded labourers being freed, together with any sums of money they receive for rehabilitation. This means that no statistics are being collected on how many releases or cases of rehabilitation are occurring; therefore the Government has no accurate information to measure the success or failure of the law in terms of numbers of releases and cases of rehabilitation.

(j) The report concludes that if implemented at district level, the rules issued in July 1995 could help secure the release of significant numbers of bonded labourers. However, by issuing the rules with no publicity, and at a time when the Bonded Labour Liberation Front (BLLF), the principal non-governmental organization representing bonded labourers was being subjected to a series of repressive measures by the Government's own security agencies, the authorities effectively ensured that officials at provincial and district level would do little or nothing to implement them.

The Committee takes due note of these indications. It notes that the allegations of poor publicity and attention given to the law by the authorities correspond to the absence of any information on the July 1995 rules from the Government's report of November 1995 and statement to the Conference of June 1996, as well as from the Government's latest report on the observance of the Convention, which covers the period 1 July 1994 to 30 June 1996.

6. Challenges to the law. According to the report on debt bondage in Pakistan made by Anti-Slavery International and communicated by the NZCTU in June 1996, the 1992 law abolishing bonded labour was swiftly condemned by businessmen employing bonded labourers, who stood to lose money they had advanced in peshgi loan, and chose to challenge the new law before the country's Shariat (Islamic law) courts, claiming that the provisions freeing bonded labourers from their obligation to repay loans (contained in sections 6 and 8 of the Act) were "un-Islamic". One of the first challenges to the new law was filed with the Federal Shariat Court in September 1992 by a brick kiln owner, Ghulam Khana Bangash. The Court is not known to have yet issued a definitive ruling in response to this or other challenges, and employers take advantage of this to allege that the law does not yet have to be implemented. The Committee hopes that the Government will comment on these allegations and send a copy of the court ruling as soon as it is issued.

Fact-finding and law enforcement practice

7. In its reports for 1992-94 on the application of the Convention, the Government indicated that only one case of bonded labour was found, in the Punjab Province, and that the management was stated to have been prosecuted. In the "Consolidated position of the implementation of the Employment of Children Act, 1991, and the Bonded Labour System (Abolition) Act, 1992", received from the Government in November 1995, the number of inspections, prosecutions and convictions given for the Bonded Labour System (Abolition) Act, 1992, are all nil for each of the four provinces. It was stated by way of explanation that reports furnished by district magistrates from Baluchistan showed no instance of bonded labour in the province and that vigilance committees headed by the deputy commissioners in the districts of North-West Frontier Province (NWFP) and Sindh had detected no case of bonded labour; for Punjab, it was explained that in accordance with section 15 of the Act, vigilance committees had been formed in almost all the districts of Punjab, that the Act mainly envisaged an advisory and supervisory role for the vigilance committees, and "that it is a matter of general observation that aggrieved persons do not approach the vigilance committees but instead they prefer to invoke the jurisdiction of the High Court for prompt relief". In this regard, the Committee pointed out in its previous observation that under section 15 of the Act, vigilance committees to be set up at the district level are not only to advise the district administration on matters relating to the effective implementation of the law, but also to ensure its implementation in a proper manner and to provide the bonded labourers such assistance as may be necessary to achieve the objectives of the law; it did not appear that this had so far been done.

8. The Committee notes the indication given by a Government representative in 1996 to the Conference Committee that, while only one case of bonded labour had been identified for the whole country between 1992 and 1994, since 1995, so-called private jails had been raided: on 17 November 1995 in the District of Sanghar, where 96 detainees were released and a case under section 11 of the 1992 Act was registered against the offender; another "private" jail in the District of Umerkot was raided twice on 1 June 1995 and 14 January 1996, resulting in the release of 70 detainees. Cases were registered against 11 accused, of which two had been arrested while the remainder obtained bail before arrest from the High Court of Sindh and the Sessions Court, Umerkot. Yet another raid was conducted in the District of Umerkot by the Subdivisional Magistrate and Deputy Superintendent of Police, releasing ten peasant families, and a case had duly been registered against the accused. In the other four cases no evidence of bonded labour could be found on the premises alleged to be housing bonded labourers. The Government representative believed that the above-mentioned efforts by the Government were ample evidence of the Government's serious commitment to come to grips with the problem of children in bondage and with bonded labour. Admitting that the Government had not been able to eliminate the problem fully, he assured that it was moving in the right direction and that results would be seen in a few years.

9. In its latest report, covering the period from 1 July 1994 to 30 June 1996, the Government indicates that the enforceability and effective implementation of the Bonded Labour System (Abolition) Act 1992 is envisaged through the setting up of vigilance committees comprising the elected representatives, members of the bar associations, journalists, district administration and NGOs, and that these committees have already been set up in the Punjab, Sindh, NWFP and Baluchistan. In the provinces, the implementation and enforcement of the Act is entrusted to the district Magistrates, who are also chairmen of the district vigilance committees, are allowed to monitor and report violations and are vigilantly taking care of the implementation of the Act. The Government states that, as a result of the enactment of the Bonded Labour System (Abolition) Act 1992, bonded child labour has also been curbed in principle, wherever it exists, and that the implementation of the Act is being pursued vigorously by the provincial governments. Under the enactment all the four provincial governments have appointed inspectors who visit regularly industrial and commercial undertakings within their jurisdiction for the purpose of securing compliance.

10. The Government adds that the implementation position of the Act as reported by the four provincial governments is as follows: in Punjab, 329 raids were conducted, while the number of labourers recovered was 172. In Sindh, up to August 1996, there were 20 inspections/raids, the number of labourers recovered was 335, 11 cases were registered and 16 persons arrested (all released by the Court), and the number of convictions was nil. For NWFP and Baluchistan, the only indication is that no bonded labour case was reported.

11. The Committee takes due note of these indications. It also notes that the 1996 report on debt bondage in Pakistan made by Anti-Slavery International and communicated by the NZCTU contains the following detailed observations concerning the enforcement of the law.

(a) In order for the 1992 Bonded Labour System (Abolition) Act to have a substantial impact in Pakistan, the Government had to make its provisions widely known and then empower district magistrates to take action to guarantee the release and rehabilitation of bonded labourers. District magistrates are not, as their title might suggest, members of the judiciary, but are in fact the Government's representatives (deputy commissioners) in the districts where they are based. They take orders from within their own hierarchy and usually wait for instructions to be handed down before initiating any action. Section 9 of the Act requires provincial governments to confer these powers on district magistrates. However, provincial governments in their turn tend to await instructions from the Federal Government, which was given power to "make rules for carrying out the purposes" of the Act by section 21, but only did so in July 1995. Now that a set of rules has been issued, it is important that the Government should follow up rapidly by instructing district magistrates to transform the rules into action.

(b) District magistrates are not the only officials who are expected to enforce the Act. Section 15 provides for the establishment of vigilance committees "in the prescribed manner". Because there was a three-year delay before the Government indicated "in the prescribed manner" to set up committees, very few were established. There have been reports that in some districts where vigilance committees have been appointed, their members include businessmen who are still employing bonded labourers.

(c) The first substantial evidence of the extent to which the Act was not being implemented came at the end of 1993, when the Supreme Court again inquired into a report of bonded labour, this time in the carpet industry. In November 1993, a lawyer, Anwar Sadiq, accompanied by several foreign human rights activists and a local magistrate, visited a carpet factory near Kasur where 300 children were reported to be working, in order to expose breaches of the law and bring about the children's release. Anwar Sadiq was subsequently subjected to threats and his brother was arrested. In protest at both the employment of children and the harassment of the lawyer, two people in Sweden wrote to Pakistan's Supreme Court to draw the Court's attention to the abuses. As in 1988, the Supreme Court decided to treat the communication as a constitutional petition (Case 3-L of 1993) and required the Kasur district magistrate, the local labour department and the Punjab Social Welfare Department to submit information about what was going on. The responses received at the beginning of 1994 revealed that the 1992 Bonded Labour System (Abolition) Act remained virtually unimplemented: The labour department said that district administrations in Punjab had been instructed in August 1993, 17 months after the Act was passed, to set up vigilance committees. However, the Kasur district magistrate was quite categorical that none had been set up in Kasur. He also observed that the 1992 Act had received little publicity. He said its provisions were consequently unknown and neither employers nor employees were aware that peshgi did not have to be repaid. He also questioned the very basis of the 1992 Act, claiming that it did not command popular support. He knew that no court magistrate had been empowered to try offences committed under the Act and that no rules had been prepared about how to implement the Act. He was not ready to take action himself to ensure the release and rehabilitation of bonded labourers as required under section 10 of the Act.

The Punjab Social Welfare Department told the Supreme Court that it was in no way responsible for implementing the law against bonded labour, although the Act requires it to be involved in vigilance committees. The Labour Department indicated that it was concerned primarily with the implementation of the 1991 Employment of Children Act. Although the Supreme Court received this information from officials at the beginning of 1994, it seems to have taken no further action in the case to insist that the authorities enforce the 1992 Act, although it was clear that the law was being disregarded.

(d) In Kasur District, as in others where inquiries were made on behalf of Anti-Slavery International at the beginning of 1995, the head of the local bar association had never heard or been told that the bar Association should be part of a vigilance committee. Other districts where Anti-Slavery International received confirmation during the first half of 1995 that lawyers had no information about the establishment of vigilance committees include Gujrat, Lahore and Sheikhupura Districts.

(e) Elsewhere in the country, there has been even more recent evidence that vigilance committees have not been set up. In North West Frontier Province, the provincial labour department was reported during the first half of 1995 to be convening a committee at provincial level composed of four provincial government officials, 11 representatives of the Brick Kiln Owners' Association and five representatives of the Brick Kiln Workers' Union. By the end of April 1995 it had not met. At district level, some district magistrates were reported to have convened vigilance committees, but this had evidently been left to the initiative of individuals rather than being done systematically.

(f) The report concludes that:

- Local government officials have not been obliged to implement the Bonded Labour System (Abolition) Act.

- Few vigilance committees have been established in the districts and, when they have been, their composition does not conform either to the letter or to the spirit of the law.

- There is no system for monitoring the occurrence of bonded labour or the number of releases of bonded workers.

- Judges have not been given powers to prosecute employers who continue to offer advances for bonded labour.

- Some 2,000 cases lodged by bonded labourers under the Bonded Labour System (Abolition) Act between March 1992 and early 1995 were turned down by the courts on the grounds that they did not have jurisdiction - because the Government had not implemented sections 9 and 16 of the Bonded Labour System (Abolition) Act. Over the same period, about 250 cases are reported to have been filed by bonded labourers with labour courts, although it is not known how these have progressed.

12. The Committee has taken note of these detailed allegations, which have remained without a reply and are matched by the limited scope and results of concrete action reported by the Government, as reflected in points 7 to 10 above. The Committee recalls the observation on the application of the Convention made by the All Pakistan Federation of United Trade Unions in a communication dated 31 December 1993 (which was transmitted to the Government for comments and also remained without reply) that the feudals of the country had a strong hold over the administrative machinery, which was always used for the protection of the bonded labour system, and whenever any effort was made to eliminate this system, it was strongly resisted. The Committee further notes that in its communication of June 1996, the NZCTU has stressed the Workers' members' concern at the Conference Committee in June 1996 that the Government was putting more energy into attacking those, such as the BLLF, who seek to free bonded labourers, than into implementing the laws which purport to ban such labour.

Action to be taken

13. The Committee notes from the communication made by the NZCTU that, on the basis of the failings noted, the NZCTU concludes with Anti-Slavery International that the following action is required to implement the Bonded Labour System (Abolition) Act:

(a) The central Government should insist that all provincial governments take action to implement sections 9 and 10 of the Act, that is "to confer such powers and impose such duties" on district magistrates as are needed to allow the Act to be carried out.

(b) Central Government should require each provincial government to empower one or more magistrates to try offences committed under the Act, as required by section 16 of the Act.

(c) In order to ensure implementation of the 1992 Act and the 1995 rules, central Government should instruct provincial governments to establish vigilance committees in every district within a specified time limit, and monitor the initial sessions of committees in order to ensure that their meetings take place in practice as well as in theory.

(d) Central Government should ensure that, at provincial level, budgets are established to pay for rehabilitation. Appropriate resources should be made available for such budgets, along with appropriate controls to ensure that resources are not misused.

(e) The rules or other instructions for implementation of the 1992 Act should be revised or supplemented to indicate the following:

(i) District magistrates should be given guidelines relating to the release of bonded labourers. In particular, the rules should provide for a register to be kept recording the personal details of all bonded labourers who are released, together with details of their rehabilitation. This would allow government at both provincial and national level to monitor the process of releases and issue factual information about the numbers of releases actually taking place.

(ii) As both the 1992 Act and the 1995 rules indicate who should be members of vigilance committees, and there have nevertheless been reports that some of the committees already set up have included prominent local people who actually employ bonded labour, it would be appropriate for the rules to be revised to indicate that no person who might be employing bonded labourers should be appointed to a vigilance committee.

(iii) District magistrates and vigilance committees should be given a clearer idea of what actions they are expected to undertake in order to investigate whether any labourers in their district are victims of debt bondage, in particular the minimum actions acceptable. Evidently, this should make clear that it is not sufficient to wait for bonded labourers to register complaints about their status, or simply to ask individual workers if they are bonded or not: in both cases they are likely to feel so intimidated that they do not reveal their bonded status.

(iv) It should also be made clearer what minimum steps are to be taken by district magistrates or vigilance committees to rehabilitate bonded labourers who are freed (section 10 of the Act says district-level officials "shall as far as practicable, try to promote the welfare of the freed bonded labourer so that he may not have any occasion or reason to contract any further bonded debt").

14. According to the same communication from the NZCTU, supplementary actions required to make the Bonded Labour System (Abolition) Act effective include:

(a) Publicity. This did not change with the publication in July 1995 of the rules governing the implementation of the Act, for this appears to have received little publicity or attention from the government officials concerned. It is therefore vital that the Government effectively relaunch the law with a campaign of public information designed to bring it to the attention of employers and employees alike. Many employers of bonded labour do not recognize that they are committing either an offence against the law or an abuse of human rights - indeed, they often say that by giving advances they are giving charity and bringing benefits to those poorer than themselves. The public information campaign must therefore deal with popular attitudes, as well as giving purely technical information about the provisions of law.

(b) An integrated programme of legal and social action. Challenges to the 1992 Act before the Shariat Courts should be dealt with rapidly, so that pending cases can no longer be cited as an excuse to delay implementation of the law. Even if the Bonded Labour System (Abolition) Act is implemented fully, a series of programmes should be run at the same time to help those released from bondage, and their families, to develop alternative livelihoods. This is particularly relevant for children, for whom appropriate primary education should be provided. It is clear from experience in other countries that district magistrates and vigilance committees are not likely to be able to meet this challenge without support and funding from the Government.

(c) Ending harassment and repression of activists. From the beginning of June 1995 onwards, activists campaigning against bonded labour in Pakistan were victims of a series of arrests and indictments by the authorities, in particular the Federal Investigation Agency (FIA), Pakistan's security agency. The leader of the main organization campaigning against bonded labour, Ehsan Ullah Khan of the Bonded Labour Liberation Front (BLLF), was accused of being a spy for a neighbouring State while he was out of the country and has remained abroad in order to avoid arrest. Whatever the possible reasons or justification for these acts of repression, the public message which the Government conveyed was that campaigning against bonded labour was against the public interest and likely to result in punishment. The Government must now reverse its policy of "punishing the messenger" and commit itself to supporting those in Pakistan who, like the Human Rights Commission of Pakistan and the Bonded Labour Liberation Front, have campaigned publicly for the end of debt bondage.

15. The Committee has taken note of the allegations and conclusions communicated by the NZCTU in its comments on the application of the Convention. It hopes that the Government will supply detailed observations on the allegations made, as well as indications on any action taken or envisaged that would correspond to the recommendations set out in points 13 and 14 above.

16. The Committee again expresses the hope that the necessary measures will be taken to ensure the effective enforcement of the Bonded Labour System (Abolition) Act, 1992, as regards the identification, release and rehabilitation of bonded labourers as well as the strict punishment of offenders, including, as provided for under section 14 of the Act and section 107 of the Penal Code, the punishment of any public officer or other person who, by any act, illegal omission or wilful concealment of a material fact which he is bound to disclose, voluntarily aids or procures an offence to be committed under the Act. The Committee requests the Government to supply full details on the action taken to this effect, on any measures taken under the 1995 rules to effectively include at the district and local levels representatives of trade unions and employers' associations in the machinery, as well as representatives of the National Human Rights Commission, the Bonded Labour Liberation Front and any other non-governmental organizations engaged in the task of assisting the bonded labourers, and on the results obtained, including the numbers of bonded labourers identified, freed and rehabilitated, and details concerning the prosecution, conviction and punishment of offenders, in the cases referred to in points 8 and 10 above and any further cases registered.

II. Child labour beyond bonded labour

17. In its report for the period 1994-96 the Government has supplied detailed information on action taken to deal with the problem of child labour, including the setting up of various specialized committees and administrative bodies; the accomplishment of a national survey of child labour; the commitment to providing primary education to all children: the setting up of 17 multipurpose centres for working children, including 14 at brick kilns, which provide non-formal education, religious education and recreation to a total of 500 children; the launching of a national project for 35 rehabilitation centres for working children; the planning of an awareness-raising campaign, and, last but not least, the initiation, in cooperation with the ILO, of 13 Action Programmes under the International Programme for the Elimination of Child Labour (IPEC) during 1994-95.

18. The Committee has noted these indications with interest. It notes that some of the programmes and projects mentioned by the Government concern children in bondage or in industries with a high incidence of bonded labour. For forms of child labour other than bonded labour, the Committee had, in its previous observation, raised the question, with regard to Article 2(1) of the Convention, whether, and if so, under what circumstances a minor can be considered to have offered himself "voluntarily" for work or service, whether or when the consent of the parents is needed or even sufficient in this regard, and what are the sanctions for refusal. Referring also to its observation under the Minimum Age (Industry) (Revised) Convention, 1937 (No. 59), the Committee hopes that the Government will soon be in a position to report progress and concrete results for the various programmes and projects aimed at the elimination of child labour.

III. Restrictions on termination of employment

19. The Committee has been commenting for a considerable number of years on the provisions of the Pakistan Essential Services (Maintenance) Act, 1952, rendering punishable with imprisonment of up to one year a person in employment of whatever nature under the federal Government who terminates his employment without the consent of his employer, notwithstanding any express or implied term in his contract providing for termination with notice. These provisions may be extended to other classes of employment (sections 2, 3(1)(b) and explanation 2, section 7(1); section 3). Similar provisions are contained in the West Pakistan Essential Services (Maintenance) Act, 1958, as in force in Baluchistan and the North-West Frontier Province, and in the corresponding Punjab and Sindh Essential Services (Maintenance) Acts of 1958.

20. The Government has repeatedly indicated its intention to amend the provisions of the Pakistan Essential Services (Maintenance) Act so that an employee may terminate his employment in accordance with the express or implied terms of his contract. In its report for the period 1993-94, received 30 May 1995, as well as in its latest report, the Government has stated that the Act is made applicable temporarily to essential employments only for the purpose of securing the defence or security of the country and for the maintenance of supplies and services, essential to the life of the community. The Government adds that the list of essential employments covered under the law is minimum, and that the Government has adopted a policy of constant review and check of this list. In a statement to the Conference Committee in June 1996, a Government representative indicated that the scope of the Essential Services Act had been further reduced. Compared to nine establishments or categories covered in 1995, the Act was applicable at the present in the following categories having a strong bearing on the security of the country and the life of the community: (i) employment in connection with the generation, transmission, distribution and supply of electricity; (ii) employment under the specified oil and gas organizations whose number had been reduced from 17 to nine; (iii) employment under the Pakistan Security Printing Corporation and Security Papers Ltd.; (iv) employment under Kahuta Research Laboratories; (v) employment under the Civil Aviation Authority; (vi) employment under Karachi Electricity Supply Corporation; (vii) Karachi Port Trust and Port Qasim Authority.

21. The Committee has taken due note of these indications. As regards the Government's repeated statement that the Act is made applicable temporarily to limited categories of employment only, the Committee is bound to point out once more that the Essential Services Acts apply permanently to all employment of whatever nature under the federal Government, and to all employment under a provincial government or any agency set up by it or a local authority or any service relating to transport or civil defence; in addition, they may be applied, by notification of a provincial government, to employment in any educational autonomous body, and by notification of the federal Government for specific and renewable periods of six months each to other employment or classes of employment which the Government considers essential.

22. In its report received 30 May 1995, the Government further stated with regard to employment under the Pakistan Essential Services (Maintenance) Act that, while the right of association in such cases remained intact, only strikes and lockouts were prohibited because the Government felt that if essential services are disrupted, the life of the community as a whole will be in danger. However, in all circumstances, the workers' right to resort to "an appropriate forum (NIRC) for redressal of their grievances" was available to them. The Government added that it had also deliberated to amend the provisions of this law in order to enable an employee to terminate his employment in accordance with expressed or implied terms of employment, but reiterated that the application of this law to some industries was inevitable in view of the sensitivity of their employments. Moreover, this had been done because national interest demanded suitable checks and balances in these cases. The Government nevertheless had decided that the law in question should not in future be extended to any industry unless it was fully warranted and justified. However, the possibility for employees covered by the Essential Services (Maintenance) Act, 1952, to unilaterally terminate their employment and the exclusion of some of the establishments from the application of the Act had been considered by the tripartite Task Force on Labour, which submitted its report to the Cabinet in the light of the views expressed by the workers' and employers' groups. The Cabinet constituted a Cabinet Committee to further examine the report, and the ILO would be informed of developments in the matter. In its most recent report, received 18 months later, the Government repeats the same indications, adding that the recommendations of the task forces are under active consideration and that information on the latest developments will be supplied as and when the new labour policy is announced by the Government.

23. The Committee notes the absence of visible progress in restoring the right of employees covered by the Essential Services (Maintenance) Act, 1952, to unilaterally terminate their employment. As regards the Government's indication that the right of association remains intact and only strikes and lockouts are prohibited, the Committee, referring also to point 3 of its observation on Pakistan under the Abolition of Forced Labour Convention, 1957 (No. 105), must once again point out that even in truly essential services, whose interruption might endanger the life, personal safety or health of persons, the freedom of individual workers to terminate their employment by giving notice of reasonable length remains an inalienable right; under the federal and provincial Essential Services Acts, this right is being denied to a far wider group of employees. The Committee recalls that the Essential Services Acts have been the subject of comments for a great number of years under the Convention, ratified by Pakistan in 1957, and that the Government had assured the Conference Committee in 1989 that the Government had already decided to meet the requirements of the Convention by amending the 1952 Act, and that the proposed amendment was to be submitted to the National Assembly. Recalling also the observation by the All Pakistan Federation of Trade Unions, in its communication dated 13 October 1994, that these laws are required to be abolished in the light of Conventions Nos. 105 and 29, ratified by Pakistan, and noting the firm hope expressed by the Conference Committee in 1996 that the Government would take every measure in the very near future to ensure that both the national and provincial legislation on essential services was amended in order to eliminate restrictions on the freedom of workers to leave their employment, the Committee hopes that this will at last be done and that the Government will soon be in a position to supply a copy of the legislation adopted to this end.

[The Government is asked to supply full particulars to the Conference at its 85th Session and to report in detail in 1997.]

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Referring also to its observation under the Convention, the Committee notes the Government's reply to the previous request.

1. The Committee again requests the Government to provide copies of the Annual reports since 1992 of the Human Rights Commission of Pakistan (HRCP) as well as of the most recent reports of the National Commission on Child Welfare and Development (NCCND).

2. The Committee has been requesting the Government since 1981 to supply information on the terms of reference of career military personnel, in particular with regard to terms of enlistment and the conditions for resigning from active service.

In its most recent report, the Government, in line with earlier statements, indicates that the military service in Pakistan is a voluntary service and as such does not fall within the purview of ILO standards including Convention No. 29, ratified by Pakistan. As regards the workers' right to free choice of leaving the service in peacetime within a reasonable period, the Government, noting that officers/personnel in the armed forces of Pakistan are imparted extensive training which causes a lot of drain on the national exchequer, considers that as a poor country, Pakistan cannot afford to give a free option to its officers and men to leave by choice even in peacetime. A person is, however, allowed release/discharge from the service provided he has convincing reasons and can justify causes of his premature release/discharge. Moreover, according to Article 2, clause (a), of the Convention any work or service exacted in virtue of compulsory military service laws for work of a purely military character shall stand excluded from the scope and application of the Convention. Therefore, the Government considers it not pertinent to supply the information called for concerning the terms and regulations governing service in the Armed Forces, especially the terms of enlistment and the conditions for resigning from the service.

The Committee takes due note of these indications. It again draws attention to the explanations provided in paragraphs 33 and 68-72 of its 1979 General Survey on the abolition of forced labour, where it indicated that the provisions in Article 2(2)(a) of the Convention relating to compulsory military service do not apply to career servicemen and consequently cannot be invoked to justify denying career servicemen the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. As regards the cost of training qualified personnel, the Committee mentioned the possibility of proportional reimbursement which may be demanded during a certain period in the event of resignation.

In order to be able to ascertain the conformity of national legislation with the Convention, the Committee again requests the Government to provide a copy of the provisions governing the terms of service in the armed forces, in particular as concerns conditions of enlistment and resignation as well as any provisions applying in case of training received at the expense of the State. The Committee likewise requests the Government to supply a copy of the Compulsory Service in the Armed Forces Ordinance, No. XXXI of 1971.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes the Government's reports covering the periods from 1 July 1992 to 30 June 1993 and from 1 July 1993 to 30 June 1994, as well as supplementary material received in November 1995 from the Government "on the latest development in tackling the problem of child/bonded labour".

The Committee also has noted the observations on the application of the Convention made by the All Pakistan Federation of Trade Unions in a communication dated 13 October 1994, which was transmitted for comments to the Government on 11 November 1994. The Government has not replied to these observations.

I. Child labour under the Forced Labour Convention

2. In its previous observations, the Committee referred in some detail to the problems of bonded labour and of children in bondage. In the supplementary material received in November 1995, the Government, addressing the extent of the problem of bonded child labour, indicates that: "There is a large difference between child labour and bonded child labour. The problem of child labour does exist in Pakistan but to a limited extent. This problem is both visible as well as invisible. The visible child labour is present mostly in small industrial units, workshops, restaurants, etc. The invisible child labour possibly exists as family helpers in home-based industries and agriculture sector. The cases of bonded child labour also are not visible."

3. The Committee takes due note of these indications. Before considering further the question of visibility as a key issue in dealing with the problem of bonded labour, the Committee wishes to dwell, from a more conceptual angle, on the difference between child labour and bonded child labour for the purposes of the Convention.

4. Forced labour, bonded labour, children in bondage. Under the Convention, the Government has undertaken to suppress the use of forced or compulsory labour, which is defined in Article 2(1) as "all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily." Bonded labour, as defined in section 2(e) of the Bonded Labour System (Abolition) Act, No. III of 1992 of Pakistan, is but one form of forced labour coming under Article 2(1) of the Convention. Bonded child labour is an intrinsic and typical part of the bonded labour system, as recognized in section 2(e) of the Act, which refers to labour imposed on any family member of, or dependant on, the "debtor" or presumed debtor. Bonded labour, including children in bondage, will be further considered in Part II below.

5. Child labour other than bonded labour. For forms of child labour other than bonded labour, the question arises, with regard to Article 2(1) of the Convention, whether, and if so, under what circumstances a minor can be considered to have offered himself "voluntarily" for work or service, whether or when the consent of the parents is needed or even sufficient in this regard, and what are the sanctions for refusal. In this connection, it should also be borne in mind that, in regulating recourse to compulsory labour during a transitional period following the entry into force of the Convention (1 May 1932), the Conference specifically excluded in Article 11 the call-up of any persons below the age of 18.

6. In its reports on the application of the Convention and the supplementary material on the latest developments, the Government has forwarded information on a range of activities and programmes related to child labour, including the signing of a Memorandum of Understanding with the ILO in June 1994 to eliminate child labour from the country and the launching of 14 IPEC (International Programme for the Elimination of Child Labour) action programmes; the setting up of a "National Committee on the Rights of the Child" and "Special Child Labour Cells" in the Ministry of Labour, Manpower and Overseas Pakistanis and in the Labour Departments of the provincial governments; and the conducting of nearly 3,000 inspections during the past year, resulting in prosecutions in about 1,000 cases, under the Employment of Children Act, 1991, which prohibits the employment of persons who have not completed 14 years of age in a limited range of occupations (related to railways, ports and the sale of fireworks) and in 14 listed work processes (including manufacturing processes using toxic metals and substances), except in family undertakings or government-recognized schools. The Act is enforceable by imprisonment or fine. The Committee observes that the Factories Act 1934, as amended 1977, had already prohibited more generally the work of children who have not completed their 14th year in any factory where ten or more persons are working or any mine, but no enforcement data have been given for that Act.

7. The Committee notes from the "Consolidated position of implementation of the Employment of Children Act, 1991, and the Bonded Labour System (Abolition) Act, 1992" received from the Government in November 1995, that under the Employment of Children Act, 1991, in Punjab 1,351 inspections led to 699 prosecutions with, provisionally, 48 convictions; in Sindh, 407 inspections were followed by 47 prosecutions with no convictions so far reported; in the North-West Frontier Province, through 1,576 inspections 270 irregularities were detected, 16 cases were decided; in Baluchistan, measures concerning 1,921 children below 14 years working in different establishments are about to be taken. The Committee appreciates the Government's efforts to remove children from a range of the more dangerous or harmful occupations. But in the absence of further details about the cases referred to by the Government, which were raised under the Employment of Children Act, 1991, the Committee is not in a position to evaluate their bearing on the implementation of the Forced Labour Convention, nor what remains to be done to protect children more generally from the exploitation of their labour. It would, however, clearly appear to the Committee that efforts so far undertaken in practice have not come to grips with the problem of children in bondage, nor indeed with bonded labour as such.

II. Bonded labour

8. Magnitude of the problem. In earlier comments, the Committee noted allegations brought before the United Nations that 20 million persons worked as bonded labourers, 7 million of which were children. The Committee noted the Government's indication that these figures were unrealistic, an appreciation shared by the All Pakistan Federation of Trade Unions. While comparing the alleged numbers with statistical data concerning the labour force and total population of Pakistan, the Government has not put forth any figures of its own concerning the numbers of bonded labourers. However, the Committee notes from the country paper submitted by the Government to the Asian Regional Seminar on Children in Bondage (Islamabad, November 1992) that in Pakistan child labour mostly persists because of poverty, lack of public awareness, lack of education facilities and parents' debt bondage. In areas where parents (being peasants/labourers) are forced to provide labour services to landlords/employers, their children are frequently trapped in debt bondage. Often, the parents are given a loan to meet some urgent needs. The debtor has then to repay by working. In practice, the debt does not decrease; it climbs even upwards. The whole family becomes permanently enslaved and the money-lender claims repayment from succeeding generations. Thus children are usually pledged as workers in part payment of debt. Children can also be enslaved on their own. Parents may send them to work in the houses of a landlord or moneylender. These children may stay for many years, not knowing how long they must work, or even the size of the debt they are paying off. The Committee further notes the observation by the All Pakistan Federation of Trade Unions in its communication dated 13 October 1994 that persons are subjected to forced labour under the bonded labour system in rural and less developed areas by the feudal lords but also in some coal mines and brick kilns.

9. Fact-finding and law enforcement practice. In its reports for 1992-94 on the application of the Convention, the Government indicates that only one case of bonded labour was found, in the Punjab Province, and that the management was stated to have been prosecuted. In the "Consolidated position of the implementation of the Employment of Children Act, 1991, and the Bonded Labour System (Abolition) Act, 1992", received from the Government in November 1995 and already referred to in paragraph 7 above, the numbers of inspections, prosecutions and convictions given for the Bonded Labour System (Abolition) Act, 1992, are all nil for each of the four provinces. It is stated by way of explanation that reports furnished by district magistrates from Baluchistan show no instance of bonded labour in the province and that vigilance committees headed by the deputy commissioners in the districts of NWFP and Sindh have detected no case of bonded labour; for Punjab, it is explained that in accordance with section 15 of the Act, vigilance committees have been formed in almost all the districts of Punjab, that the Act mainly envisages an advisory and supervisory role for the vigilance committees, and "that it is a matter of general observation that aggrieved persons do not approach the vigilance committees but instead they prefer to invoke the jurisdiction of the High Court for prompt relief".

10. Visibility and perception of the problem. In its statement noted in paragraph 2 above, the Government, assessing the extent of the problem of bonded child labour, has pointed out that the cases of bonded child labour are not visible. Lack of visibility or of perception appears to be more generally a difficulty in dealing with the problem of bonded labour, a difficulty not so far overcome by established machinery except in the singular case where bonded labourers were able to organize and on their own initiative invoke the jurisdiction of the High Court.

11. The role of district magistrates and vigilance committees. The Committee recalls that under section 9 of the Bonded Labour System (Abolition) Act, 1992, the provincial government may confer such powers and impose such duties on a district magistrate as may be necessary to ensure that the provisions of this Act are properly carried out; furthermore, under section 15 of the Act, vigilance committees to be set up at the district level are not only to advise the district administration on matters relating to the effective implementation of the law, but also to ensure its implementation in a proper manner and to provide the bonded labourers such assistance as may be necessary to achieve the objectives of the law. It would not appear that this has so far been done.

12. Trade union observations. The Committee recalls the observations on the application of the Convention made by the All Pakistan Federation of United Trade Unions in a communication dated 31 December 1993 which was transmitted to the Government for comments on 21 January 1994. In its observations, the Federation, referring to the composition of the vigilance committees, stated that the feudals of the country had a strong hold over the administrative machinery, which was always used for the protection of the bonded labour system, and whenever any effort was made to eliminate this system, it was strongly resisted. The Federation requested that representation of the trade unions - not so far envisaged by the Act - be made compulsory in the vigilance committees. The Committee notes that the Government has not replied to these observations.

13. Action to be taken. The Committee hopes that the necessary measures will now be taken to ensure the effective enforcement of the Bonded Labour System (Abolition) Act, 1992, as regards the identification, release and rehabilitation of bonded labourers as well as the strict punishment of offenders, including, as provided for under section 14 of the Act and section 107 of the Penal Code, the punishment of any public officer or other person who, by any act, illegal omission or wilful concealment of a material fact which he is bound to disclose, voluntarily aids or procures an offence to be committed under the Act. The Committee requests the Government to supply full details on the action taken to this effect, on any measures taken or envisaged to include representatives of trade unions and employers' associations in the machinery, as well as representatives of the National Human Rights Commission and any other non-governmental organizations engaged in the task of assisting the bonded labourers, and on the results obtained, including the numbers of bonded labourers identified, freed and rehabilitated, and details concerning the prosecution, conviction and punishment of offenders.

III. Restrictions on termination of employment

14. The Committee has been commenting for a considerable number of years on the provisions of the Pakistan Essential Services (Maintenance) Act, 1952, rendering punishable with imprisonment of up to one year a person in employment of whatever nature under the federal Government who terminates his employment without the consent of his employer, notwithstanding any express or implied term in his contract providing for termination with notice. These provisions may be extended to other classes of employment (sections 2, 3(1)(b) and explanation 2, section 7(1); section 3). Similar provisions are contained in the West Pakistan Essential Services (Maintenance) Act, 1958, as in force in Baluchistan and the North-West Frontier Province, and in the corresponding Punjab and Sindh Essential Services (Maintenance) Acts of 1958.

15. The Government has repeatedly indicated its intention to amend the provisions of the Pakistan Essential Services (Maintenance) Act so that an employee may terminate his employment in accordance with the express or implied terms of his contract. In its latest report, the Government states that the Act is made applicable temporarily to essential employments only for the purpose of securing the defence or security of the country and for the maintenance of supplies and services, essential to the life of the community. While the right of association in such cases remains intact, only strikes and lockouts are prohibited because the Government feels that if essential services are disrupted, the life of the community as a whole will be in danger. However, in all circumstances, the workers' right to resort to "an appropriate forum (NIRC) for redressal of their grievances" is available to them. The Government adds that the list of essential employments covered under the law is minimum. The Government has adopted the policy of constant review and check of this list. It has also deliberated to amend the provisions of this law in order to enable an employee to terminate his employment in accordance with expressed or implied terms of employment, but reiterates that the application of this law to some industries is inevitable in view of the sensitivity of their employments. Moreover, this has been done because national interest demands suitable checks and balances in these cases. The Government nevertheless has decided that the law in question should not in future be extended to any industry unless it is fully warranted and justified. However, the possibility for employees covered by the Essential Services (Maintenance) Act, 1952, to unilaterally terminate their employment and the exclusion of some of the establishments from the application of the Act have been considered by the tripartite Task Force on Labour, which submitted its report to the Cabinet in the light of the views expressed by the workers' and employers' groups. The Cabinet constituted a Cabinet Committee to further examine the report, and the ILO will be informed of developments in the matter.

16. The Committee has taken due note of these various explanations. As regards the Government's repeated statement that the Act is made applicable temporarily to essential employments only, the Committee is bound to point out once more that the Essential Services Acts apply permanently to all employment of whatever nature under the federal Government, and to all employment under a provincial government or any agency set up by it or a local authority or any service relating to transport or civil defence; in addition, they may be applied, by notification of a provincial government, to employment in any educational autonomous body, and by notification of the federal Government for specified and renewable periods of six months each to other employment or classes of employment which the Government considers essential.

17. As regards the Government's indication that the right of association remains intact and only strikes and lockouts are prohibited, the Committee, referring also to point 4 of its observation on Pakistan under the Abolition of Forced Labour Convention, 1957 (No. 105), must once again point out that even in truly essential services, whose interruption might endanger the life, personal safety or health of persons, the freedom of individual workers to terminate their employment by giving notice of reasonable length remains an inalienable right; under the federal and provincial Essential Services Acts, this right is being denied to a far wider group of employees.

18. As regards the Government's indication that the possibility of restoring the right of employees covered by the Essential Services (Maintenance) Act, 1952, to unilaterally terminate their employment is being further examined by a Cabinet Committee on the basis of a report by the tripartite Task Force on Labour, the Committee also notes the observation by the All Pakistan Federation of Trade Unions, in its communication dated 13 October 1994, that these laws are required to be abolished in the light of Conventions Nos. 105 and 29, ratified by Pakistan. Recalling that the Essential Services Acts have been the subject of comments for a great number of years under the Convention, ratified by Pakistan in 1957, and that the Government had assured the Conference Committee in 1989 that the Government had already decided to meet the requirements of the Convention by amending the 1952 Act, and that the proposed amendment was to be submitted to the National Assembly, the Committee trusts that this will now be done, that similar action will be taken for the corresponding provincial Acts, and that the Government will report on the provisions adopted to this end.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Referring also to its observation under the Convention, the Committee requests the Government to provide information on the following points:

1. The Committee notes that a National Committee on the Rights of the Child to monitor and implement the relevant laws dealing with child labour is under consideration. The Committee would appreciate if the Government would supply information on the establishment of any such Committee and its terms of reference.

2. The Committee would request the Government to provide with its next report copies of the Annual reports for 1992 and 1993 of the Human Rights Commission of Pakistan (HRCP) as well as of the most recent report of the National Commission on Child Welfare and Development (NCCND).

3. The Committee notes that the Pakistan Law Commission is reviewing the national legislation relating to the protection of children with regard to labour. The Committee requests the Government to provide information on measures taken or envisaged in this respect.

4. The Committee has been requesting the Government since 1981 to supply information on the terms of reference of career military personnel, in particular with regard to terms of enlistment and the conditions for resigning from active service.

The Government has stated previously that it considers the military service, being a voluntary one, not to be covered by the Convention; that military personnel do not fall within the definition of industrial workers; that officers and other personnel employed in the armed forces receive extensive training and the country could not afford to give them free option to leave the service; that the service falls under Article 2, paragraph 2(a), of the Convention and is thus excluded from its scope.

In order that the Committee be able to ascertain the conformity of national legislation with the Convention, the Committee again requests the Government to provide a copy of the provisisons governing the terms of service in the armed forces, in particular as concerns conditions of enlistment and resignation as well as any provisions applying in case of training received at the expenses of the State.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided by the Government in a report of June 1993, covering the period from 1 July 1991 to 30 June 1992.

The Committee notes that no report was received for the reporting period ending June 1993, nor an answer to the Committee's most recent comments of March 1993.

The Committee has noted the observations on the application of the Convention made by the Pakistan National Federation of Trade Unions, the All Pakistan Federation of Trade Unions and the All Pakistan Federation of United Trade Unions, in communications dated respectively 5 October, 11 October and 31 December 1993, which were transmitted for comments to the Government on 15 October 1993, 1 November 1993 and 21 January 1994 respectively. The Committee notes that the Government has not yet replied to these observations.

The Committee further notes that in an address to the United Nations Commission on Human Rights on 1 February 1994 the Prime Minister stated that her Government's first aim was to provide a life of dignity to the people; the Government sought to ensure the rights of women and their full participation in society; provide full protection to the children; safeguard the basic rights of minorities.

1. Bonded labour

In its previous comments, the Committee noted that on 11 March 1992 the Bonded Labour System (Abolition) Act, No. III of 1992 was promulgated under which the bonded labour system was abolished; every bonded labourer stands freed and discharged from any obligation to render any bonded labour. The Committee noted inter alia that the Act provides that no person shall make an advance (peshgi) under, or in pursuance of, the bonded labour system or compel any person to render any bonded or other form of forced labour (section 4). Provincial Governments may entrust district magistrates with powers and duties to ensure the application of the Act. District magistrates shall, as far as practicable, try to promote the welfare of the freed bonded labourer by securing and protecting the economic interests of the bonded labourer so that he may not have any occasion or reason to contract any further bonded debt (sections 9 and 10). The Committee also noted that compulsion to render bonded labour or extracting bonded labour under the bonded labour system would be punishable with imprisonment from two to five years or with a fine of 50,000 rupees, or both (sections 11 and 12).

The Committee requested the Government to provide detailed information on measures taken or envisaged to apply the Act in practice.

The Committee notes the Government's indications in its report of June 1993 concerning the estimated number of bonded labourers in regard to the Committee's earlier (1992) observation which referred to allegations brought before the United Nations that 20 million persons worked as bonded labourers, 7 million of which were children. The Government considers these figures as unrealistic. The Government indicates that according to the Federal Bureau of Statistics and the Ministry of Finance, the total labour force is 33.82 million; employed persons number 32.76 million of which 16.76 are agricultural workers and 11.99 industrial labour. The Government adds that if the above-mentioned figures were taken for granted then about 60 per cent of the employed force would work in bondage, or, if these figures were added to the number of employed persons, then the total labour force would be 53 million i.e. about 45 per cent of the total population. In relation to children, the Government states that the figure may not even be that of the total working children.

The Committee notes that in its observations the All Pakistan Federation of Trade Unions also considers that the figures quoted in the allegations are not reflecting reality and that there are some incidents of bonded labour in less developed areas where low paid workers live under the yoke of feudalism which is a legacy of colonial heritage of the country. The Federation adds that modern media and improved communication between various parts of the country and regular elections create wide awareness for the socio-economic uplift of the low income group and for the abolition of all forms of bonded labour and child labour. However, the mere promulgation of the Act abolishing bonded labour will not solve the massive problems of the workers and the suffering of the children unless financial allocations are made for the social development of these segments of the society and vocational education and training facilities are improved. The Federation also stresses the need for the establishment of tripartite committees.

The Committee also notes the observations by the Pakistan National Federation of Trade Unions pointing to the necessity for the Government to take action for the strict enforcement of the Bonded Labour System (Abolition) Act, 1992.

The Committee further notes the observations by the All Pakistan Federation of United Trade Unions which refers to the movement launched in collaboration with the Brick Kiln Labour Unions against forced labour exacted from men, women and children in the brick kiln industry. The Federation alleges that the practice of advance payment continues in the brick kilns despite its prohibition by the 1992 Bonded Labour System (Abolition) Act. It also refers to section 15 of the Act concerning the setting-up of vigilance committees and their composition consisting of "elected representatives of the area, representatives of the district administration, Bar association, Press, recognized social services and labour departments of the federal and provincial Governments." The Federation expresses concern that social and political circles which, it alleges, have a strong hold over the administrative machinery, will resist the elimination of the bonded labour system. The Federation therefore demands that Trade unions be represented in the vigilance committees.

The Committee notes the Federation's allegations that the system of Jammada/jammadarni (supervisory system, middleman between labour and employers) in the brick kilns, which is to stand abolished by virtue of the 1992 Act, continues. The Federation also alleges that the brick kiln labourers receive payments which are under the prescribed minimum wages; the Committee refers in this respect to its observation on the application of the Labour Inspection Convention (No. 81).

The Committee has also noted that the Pakistan Human Rights Commission has recommended in January 1994 to strictly enforce the law abolishing bonded labour, both in industry and agriculture.

Noting that more than two years have elapsed since the promulgation of the Bonded Labour System (Abolition) Act, in March 1992, the Committee expresses the firm hope that the necessary measures will be taken for the effective liberation of all bonded labourers. The Government is again requested to provide detailed information on measures taken to enforce the Bonded Labour System (Abolition) Act, and in particular on the following: the number of bonded labourers freed since the promulgation of the Act; the number of indictments and convictions of bonded labour keepers, and the sanctions applied; the measures taken by district magistrates to promote the welfare of the freed bonded labourers; the number of vigilance committees established, their composition and the work accomplished by these committees. The Committee recalls in this connection that the functions of the vigilance committees are to advise the district administration on matters relating to the effective implementation of the law; help in the rehabilitation of the freed bonded labourers; keep an eye on the working of the law; provide the bonded labourers such assistance as may be necessary to achieve the objectives of the law.

The Committee requests the Government to provide full information in reply to the allegations of the Pakistan Federation of United Trade Unions.

2. Children in bondage

In its previous comments the Committee had noted that the participants in the Asian Regional Seminar on Children in Bondage, held in Pakistan from 23 to 26 November 1992, formulated and adopted a Programme of Action against Child Bondage. According to the programme the struggle against child bondage requires a firm political commitment, a comprehensive national policy and programme of action covering legislative reforms, effective enforcement and a system of compulsory and free education, sustained by community mobilization and information campaigns. The Committee requested the Government to provide detailed information on measures taken or envisaged to abolish bonded child labour and for the effective enforcement of the Bonded Labour System (Abolition ) Act, 1992, in relation to bonded children.

The Committee notes that the Pakistan National Programme of Action for the goals for children and development in the 1990s (NPA) states that "efforts will be made to significantly reduce child labour" ... which "in its different forms endangers the children's health and lessens their chances of receiving basic education and enjoying recreation which are vitally important for their growth and development. It also contributes to unemployment and lower wages among adults, which perpetuates poverty and child labour ... It is estimated that about 8 to 10 million children are working. They are generally engaged in agriculture, brick-making, carpet-weaving, assisting subcontractors of large industries, small, often hazardous, unregistered enterprises, domestic service, garbage collection and work for the informal sector and exploitative 'underworld'... There is an urgent need to initiate comprehensive programmes to retrieve children from early labour/work." The NPA "aims to virtually eliminate kidnapping and forced labour".

The Committee has also taken note of information contained in a report prepared jointly by the Government and UNICEF (Situation analysis of children and women in Pakistan) which notes that "in the urban sector a great majority of children work in the informal sector, in small-scale non-registered enterprises. At least a quarter of urban working children are under ten years old, more than half work 11 hours a day or more and almost nine of ten work more than eight hours".

The report draws attention to the work of children as domestic servants, many of whom are girls, stating that "such children are thought to be highly vulnerable to exploitation and abuse, including sexual abuse". The report also states that "there may be several thousand kidnapped children in forced labour, mainly at construction sites; tens of thousands of children work with their families in brick kilns ...".

Children are required to work beyond their physical capacity, in occupations endangering their health, their safety, their physical and psychological development, during long working hours which interfere with their education, recreation and rest, mostly for less than meagre wages not commensurate with the quantum of work done. Children work in conditions of exploitation which bear no resemblance to a free employment relationship. They are exploited because they are young and helpless, they are deprived of the right to lead a normal childhood, deprived of education, deprived of a future.

Referring to Article 25 of the Convention the Committee expresses the firm hope that the Government will ensure that penalties imposed by law for the illegal exaction of forced or compulsory labour are really adequate and are strictly enforced and that the Government will supply full details on the measures taken to ascertain that the Convention is applied in practice. In this connection the Committee again requests the Government to provide detailed information on the measures taken or envisaged for the effective enforcement of the Bonded Labour System (Abolition) Act, 1992, as concerns children.

3. Restrictions on termination of employment

The Committee has been commenting for a considerable number of years on the provisions of the Pakistan Essential Services (Maintenance) Act, 1952, rendering punishable with imprisonment of up to one year a person in employment of whatever nature under the central Government who terminates his employment without the consent of his employer, notwithstanding any express or implied term in his contract providing for termination with notice. These provisions may be extended to other classes of employment (sections 2, 3(1)(b) and explanation 2, section 7(1); section 3). Similar provisions are contained in the West Pakistan Essential Services (Maintenance) Act, 1958.

The Government has previously indicated its intention to amend the provisions of the Pakistan Essential Services (Maintenance) Act so that an employee may terminate his employment in accordance with the express or implied term of his contract.

The Committee notes that in its report the Government refers to Article 2, paragraph 2(a), of the Convention and states that military service is excluded from the scope of the Convention and that there is no need to amend the above-mentioned Acts.

The Committee notes that the provisions of the Pakistan Essential Services (Maintenance) Act, 1952, and of the West Pakistan Essential Services (Maintenance) Act, 1958, apply to persons in employment of whatever nature under the Central Government and are not limited in scope to "military service". Moreover, as regards military service it should be recalled that the provisions of the Convention relating to compulsory military service do not apply to career servicemen. As the Committee has pointed out in paragraphs 33 and 67 to 73 of its 1979 General Survey on forced or compulsory labour, the fact that compulsory military service is not covered by the Convention cannot be invoked to justify denying career servicemen the right to leave the service either at specified intervals or by giving notice of reasonable length.

The Committee notes the observations by the Pakistan National Federation of Trade Unions according to which there is a consistent and strong demand from workers' organizations of the country for the repeal of these laws. The Federation notes that these laws are imposed in normal times in a perpetual manner for indefinite periods, to the disadvantage of the concerned employed persons. The Federation indicates that these laws should only be applicable in the event of an emergency, like war, civil commotion, peril at sea, earthquake, for a period of six months, with possible extension depending on the gravity of the event.

The Committee also notes that in its observations the All Pakistan Federation of Trade Unions urges the Government to repeal these Acts; the workers should have the freedom to resign.

The Committee requests the Government to provide information in response to the observations by the Workers' organizations as well as on measures taken to bring the Pakistan Essential Services (Maintenance) Act, 1952, and the West Pakistan Essential Services (Maintenance) Act, 1958 into conformity with the Convention. The Committee expresses the firm hope that the necessary measures to this effect will soon be adopted.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee has been requesting the Government since 1981 to supply information on the terms of service of career military personnel, in particular with regard to terms of enlistment and the conditions for resigning from active service.

The Committee noted the Government's statement in its report for the period ending 30 June 1987 that it considers the military service, being a voluntary one, not to be covered by the Convention. Referring to the explanations given in paragraphs 33, and 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour, as well as to point 2 of its observation under the Convention, the Committee recalled that even where employment is originally the result of a freely concluded agreement, the worker's right to free choice of employment remains inalienable, so that he must have the possibility of leaving the service in peace time within a reasonable period.

In its report for the period ending June 1989, the Government added that military personnel, apart from being voluntary employees, do not fall within the definition of industrial workers and therefore are not covered by any labour law. The Committee observed that the protection of the Convention is not limited to industrial workers but extends to all persons.

The Government stated in its report for the period ending June 1990 that officers and other personnel employed in the armed forces received extensive training and the country could not afford to give them free option to leave the service. However release or discharge could be given if there existed a justified cause.

In its latest report the Government refers to the provisions of Article 2, paragraph 2(a), of the Convention which provides that the term forced or compulsory labour shall not include "any work or service exacted in virtue of compulsory military service laws for work of a purely military character". The Committee, referring again to paragraph 33 of its above-mentioned 1979 General Survey, recalls that the fact that compulsory military service is not covered by the Convention cannot be invoked to justify denying career servicemen the right to leave the service either at certain reasonable intervals or by giving notice of reasonable length.

Referring again to the explanations provided in paragraphs 55 to 62 and 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour in which it examines the question of compulsory service linked to training received and restrictions on freedom of workers to terminate employment, the Committee once more requests the Government to provide information on the length of service of the different categories of career military personnel in relation to the length and the nature of training received and on any possibilities for them to leave the service in peacetime by reimbursing the expenses of their training. The Committee hopes that the Government will provide a copy of the corresponding provisions as well as more generally of the terms and regulations governing the terms of service in the armed forces, in particular regarding the terms of enlistment and the conditions for resigning from the service.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information provided by the Government in its report. It also notes the observations made by the All Pakistan Federation of Trade Unions on the application of the Convention.

Bonded labour

1. The Committee notes with satisfaction that on 11 March 1992 the Bonded Labour System (Abolition) Act, No. III of 1992 was promulgated. Under the Act the bonded labour system is abolished, every bonded labourer stands freed and discharged from any obligation to render any bonded labour. No person shall make an advance (peshgi) under, or in pursuance of, the bonded labour system or compel any person to render any bonded or other form of forced labour (section 4). The Act declares void and inoperative any custom or tradition or practice or any contract, agreement or other instrument, whether entered into or executed before or after the commencement of the Act, by virtue of which any person, or any member of his family, is required to do any work or render any service as a bonded labourer (section 5). Every obligation of a bonded labourer to repay any bonded debt, or such part of any bonded debt as remains unsatisfied immediately before commencement of the Act, shall stand extinguished. No suit or other proceeding shall lie in any civil court, tribunal or before any other authority for the recovery of any bonded debt or any part thereof (section 6). Provincial governments may entrust district magistrates with powers and duties to ensure the application of the Act. District magistrates shall, as far as practicable, try to promote the welfare of the freed bonded labourer by securing and protecting the economic interests of the bonded labourer so that he may not have any occasion or reason to contract any further bonded debt (sections 9 and 10).

The Act provides that compulsion to render bonded labour or extracting bonded labour under the bonded labour system will be punishable with imprisonment from two to five years or with a fine of 50,000 rupees, or both (sections 11 and 12).

The Act provides for special enforcement measures, including the setting up of vigilance committees at district level consisting of elected representatives of the area, representatives of the district administration, bar associations, press, recognized social services and labour departments of federal and provincial governments. Their functions consist in advising the district administration on matters relating to the effective implementation of the law and in a proper manner, help in the rehabilitation of the freed bonded labourers, keep an eye on the working of the law and provide the bonded labourers assistance necessary to achieve the objectives of the law (section 15).

The Committee notes the comments by the All Pakistan Federation of Trade Unions that measures are required to implement the Act in its letter and spirit with a view to eliminating the exploitation of labour, by establishing vigilance committees at district level to monitor abuses of forced labour and by punishing those who violate the law. More resources should be allocated for education and training to the workers and their children who are subjected to forced labour.

The Committee requests the Government to provide detailed information on measures taken or envisaged to apply the Act in practice. The Committee hopes that the Government will in particular provide information on the following: the number of bonded labourers freed since the promulgation of the Act; indictments against bonded labour-keepers and sanctions applied; any measures taken by district magistrates to promote the welfare of the freed bonded labourers; the number of vigilance committees established, their composition and the work accomplished by these committees.

2. The Committee notes that an Asian Regional Seminar on Children in Bondage was held in Islamabad, Pakistan, from 23 to 26 November 1992, organized by the ILO in collaboration with the Government of Pakistan and the UN Centre for Human Rights. It was attended by participants from Bangladesh, India, Nepal, Pakistan, Sri Lanka and Thailand and included judges, lawyers, labour officials, members of employers' and workers' organizations, and officials of national and regional non-governmental organizations concerned with bonded labour. The participants formulated and adopted a Programme of Action against Child Bondage.

The programme refers to millions of children in bondage found in several countries of the region. These children are often victims of social malpractices which affect larger groups or segments of the population, especially their parents. They work in a variety of sectors and industries, especially in agriculture, carpet weaving, brick kiln, stone quarrying and construction. Sometimes they are forced to work alone separated from their families: they may work "unseen" in domestic service; they may be "recruited" for work in plantations; be kidnapped from their families; be forcibly confined in sweatshops and brothels; be exported as prostitutes or as camel riders; be deliberately maimed and forced into beggary or similar rackets run by criminal gangs. Bonded children are the most lonely, vulnerable, tragic workers of the world.

According to the programme the struggle against child bondage requires a firm political commitment - a clear and unambiguous declaration against bondage - a comprehensive national policy and programme of action covering legislative reforms, effective enforcement and a system of compulsory and free education, sustained by community mobilization and information campaigns.

The Committee requests the Government to provide detailed information on measures taken or envisaged to abolish bonded child labour and for the effective enforcement of the Bonded Labour System (Abolition) Act, 1992, in relation to bonded children.

Restrictions on termination of employment. 3. The Committee has been commenting for a considerable number of years on the provisions of the Pakistan Essential Services (Maintenance) Act, 1952 rendering punishable with imprisonment of up to one year a person in employment of whatever nature under the central Government, who terminates his employment without the consent of his employer, notwithstanding any express or implied term in his contract providing for termination with notice. These provisions may be extended to other classes of employment (sections 2, 3(1)(b) and explanation 2, section 7(1); section 3). Similar provisions are contained in the West Pakistan Essential Services (Maintenance) Act, 1958.

Government has previously indicated its intention to amend the provisions of the Pakistan Essential Services (Maintenance) Act so that an employee may terminate his employment in accordance with the express or implied terms of his contract. The Committee notes that, in its latest report, the Government renews its intention to modify the provisions in question. Noting also the comments by the All Pakistan Federation of Trade Unions that the assurances by the Government to bring the above-mentioned provisions of the Pakistan Essential Services (Maintenance) Act, 1952 and the West Pakistan Essential Services (Maintenance) Act, 1958 into conformity with the Convention have still to be fulfilled, the Committee expresses the firm hope that the necessary measures to this effect will soon be adopted.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has been requesting the Government since 1981 to supply information on the terms of service of career military personnel, in particular with regard to terms of enlistment and the conditions for resigning from active service. The Committee noted the Government's statement in its report for the period ending 30 June 1987 that it considers the military service, being a voluntary one, not to be covered by the Convention. Referring to the explanations given in paragraphs 33, and 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour, as well as to point 2 of its observation under the Convention, the Committee recalled that even where employment is originally the result of a freely concluded agreement, the worker's right to free choice of employment remains inalienable, so that he must have the possibility of leaving the service in peace time within a reasonable period.

In its report for the period ending June 1989, the Government added that military personnel, apart from being voluntary employees, do not fall within the definition of industrial workers and therefore are not covered by any labour law. The Committee observed that the protection of the Convention is not limited to industrial workers but extends to all persons.

In its latest report the Government reiterates its previous stand that voluntary service does not fall under the purview of the Convention and that these workers are not covered by the Industrial Relations Ordinance. The Committee cannot but refer in this connection to its above comments concerning the right of all workers to leave their service within a reasonable period and the scope of the Convention which extends to all persons.

The Committee notes the Government's statement in its report that officers and other personnel employed in the armed forces receive extensive training and the country cannot afford to give them free option to leave the service. However recourse or discharge might be given if there exists a justified cause for such release or discharge.

Referring to the explanations provided in paragraphs 55 to 62 and 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour in which it examines the question of compulsory service linked to training received and restrictions on freedom of workers to terminate employment, the Committee requests the Government to provide information on the length of service of the different categories of career military personnel in relation to the length and the nature of training received and on any possibilities for them to leave the service in peacetime by reimbursing the expenses of their training. The Committee hopes that the Government will provide a copy of the corresponding provisions as well as more generally of the terms and regulations governing the terms of service in the armed forces, in particular regarding the terms of enlistment and the conditions for resigning from the service.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided by the Government in its report and the discussion which took place in the Conference Committee in 1991. The Committee also notes the observations made by the Pakistan National Federation of Trade Unions on the application of the Convention.

Bonded labour. 1. In previous comments the Committee referred to the alleged use of bonded labour by contractors known as "Kharkars" in the construction of dams and irrigation tunnels and noted that an ILO report referred to the employment of illegally bonded children in "Kharkar" camps working at night in irrigation tunnels in remote rural areas.

The Committee also noted that the report by the Working Group on Contemporary Forms of Slavery of the United Nations Subcommission on Prevention of Discrimination and Protection of Minorities at its 14th Session referred to information set out in the report of the South Asian seminar on Child Servitude (1989) according to which large-scale exploitation of bonded labourers was to be found in brickmaking, carpet weaving, fish cleaning and packing, shoemaking, bidi making, auto repair, agriculture, mining, quarrying and stone-crushing industries.

The Committee noted from a further report submitted to the Working Group by the President of the Bonded Liberation Front of Pakistan (also President of the Brick Kiln Labourers Front - Bhatta Mazdoor Mahaz) that its organisation estimated that about 20 million people, among them 7.5 million children fell in the category of "bonded labourers", of which 2 million families alone were working at the brick kilns as virtual slaves; the majority of these people did not exist in the government records nor in the census (hence no right to vote) nor in the national registration (hence no identity card).The Committee had noted that during the discussion in the Working Group the observer of Pakistan, referring to the existence of bonded labour in his country, declared that the Government was fully aware of these social ills and determined to root them out.

The Committee had taken note of three decisions by the Supreme Court of Pakistan on the Constitution Case No. 1 of 1988 (in the matter of enforcement of fundamental rights regarding bonded labour in the brick kiln industry): the Order dated 18 September 1988 (which was not final) by which for the first time brick kiln labourers were considered as bonded labourers; the interim Order of 23 November 1988 and the Final Bench Order of 22 March 1989.

The Committee expressed the hope that further to the Supreme Court Orders on bonded labour in the brick kiln industry, the necessary measures would be taken to eradicate forced and bonded labour in practice as well as in law in the brick kiln industry and in other spheres of activity and that the Government would supply detailed indications on the action taken or envisaged to this end.

The Committee notes that the Government's report contains no information on any measures taken to eradicate forced and bonded labour in practice, pursuant to the Orders by the Supreme Court.

2. The Committee has taken note of the report by the Working Group on Contemporary Forms of Slavery at its 16th Session, 1991, which refers to information submitted by Anti-Slavery International which indicated that although child labour was unlawful in Pakistan, 50,000 children aged between four and 12 worked in small carpet-weaving workshops subsidised by the State, while the private sector employed some 500,000 children; in Karachi and Hyderabad, 50 per cent of those children died of overwork and illness. It also stated that the status of bonded workers had grown worse after the arrival of adult and child Afghan refugees, reportedly numbering over half a million who were prepared to work as bonded labourers. Attention was also drawn to the practice of sale and purchase of bonded labourers in agriculture in Mardam and Surabi, the victims being called "Gehna Makheelooq" (mortgaged creatures).

The Committee hopes that the Government will provide information in relation to these allegations, and on any measures taken or envisaged in this regard.

3. While noting that the Government's report contains no information on the practical application of the Convention in relation to forced and bonded labour, the Committee notes with interest the Government's information in its report for the period ending June 1991 that a Bill to provide for abolition of the bonded labour system was submitted to Parliament.

The Committee notes that under section 4(1) of the Bill, the bonded labour system shall stand abolished and every bonded labourer shall stand freed and discharged from any obligation to render any bonded labour; no person shall make any advance (peshgi) under or in pursuance of the bonded labour system or compel any person to render any bonded labour or other form of forced labour (section 4).

The Bill renders void and inoperative any custom or tradition or practice of any contract, agreement or other instrument, whether entered into or executed before or after the commencement of the Act, by virtue of which any person, or any member of his family, is required to do any work or render any service as a bonded labourer (section 5). Every obligation of a bonded labourer to repay any bonded debt, or such part of any bonded debt as remains unsatisfied immediately before commencement of the Act, shall stand extinguished. No suit or other proceeding shall lie in any civil court, tribunal or before any other authority for the recovery of any bonded debt or any part thereof (section 6).

The Bill provides for special enforcement measures, including the setting up of vigilance committees at district level consisting of elected representatives of the area, representatives of the district administration, bar associations, press, recognised social services and labour departments of federal and provincial governments. Their functions consist in advising the district administration on matters relating to the effective implementation of the law and in a proper manner, help in the rehabilitation of the freed bonded labourers, keep an eye on the working of the law and provide the bonded labourers assistance necessary to achieve the objectives of the law (section 15).

Compulsion to render bonded labour or extracting bonded labour under the bonded labour system is punishable with imprisonment from two to five years or with a fine of 50,000 rupees or with both (sections 11 and 12).

The Committee has taken note of information according to which the Bill was enacted by the National Assembly in February 1992.

The Committee hopes that the Government will provide a copy of the Act when assented by the President as well as detailed information on steps taken or envisaged to apply the Act in practice.

4. The Committee has noted with interest Act No. V of 1991 to prohibit the employment of children in certain occupations and to regulate the conditions of work of children to which the Government representative referred in his statement to the Conference Committee in 1991.

Restrictions on termination of employment. 5. The Pakistan Essential Services (Maintenance) Act, 1952, and the West Pakistan Essential Services (Maintenance) Act, 1958, have been the subject of comments by the Committee and of discussions at the Conference Committee for a considerable number of years. Under sections 2, 3(1)(b) and explanation 2 and section 7(1) of the Pakistan Essential Services (Maintenance) Act, it is an offence punishable with imprisonment for up to one year for any person in employment of whatever nature under the central Government to terminate his employment without the consent of his employer, notwithstanding any express or implied term in his contract providing for termination by notice. Pursuant to section 3 of the same Act, these provisions may be extended to other classes of employment. Similar provisions are contained in the West Pakistan Act as regards persons in employment under the West Pakistan Government or any agency set up by it or a local authority or any service relating to transport or civil defence.

The Committee noted the Government's indication in its report for the period ending June 1989, as well as to the Conference Committee in 1989 and 1990, that the Government had decided to meet the requirements of the Convention by amending the Pakistan Essential Services (Maintenance) Act, 1952, so that an employee of an establishment covered under the Act may terminate his employment in accordance with the express or implied terms of the contract of employment and that the proposed amendment was to be submitted to the National Assembly.

The Committee had noted the Government's indication to the Conference Committee in 1991 and in its report that the Act was being so amended.

The Committee firmly hopes that the necessary measures will soon be adopted to bring the Pakistan Essential Services (Maintenance) Act, 1952, as well as the West Pakistan Essential Services (Maintenance) Act, 1958, into conformity with the Convention, and that the Government will indicate the action taken.

[The Government is requested to provide full particulars to the Conference at its 79th Session and to report in detail for the period ending 30 June 1992.]

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee has been requesting the Government since 1981 to supply information on the terms of service of career military personnel, in particular with regard to terms of enlistment and the conditions for resigning from active service. The Committee noted the Government's statement in its report for the period ending 30 June 1987 that it considers the military service, being a voluntary one, not to be covered by the Convention. Referring to the explanations given in paragraphs 33, and 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour, as well as in point 2 of its observation under the Convention, the Committee recalled that even where employment is originally the result of a freely concluded agreement, the worker's right to free choice of employment remains inalienable, so that he must have the possibility of leaving the service in peacetime within a reasonable period.

In its report for the period ending June 1989, the Government added that military personnel, apart from being voluntary employees, do not fall within the definition of industrial workers and therefore are not covered by any labour law. The Committee observed that the protection of the Convention is not limited to industrial workers but extends to all persons.

The Committee hopes again that the Government will supply in its next report detailed information on service in the armed forces, including copies of laws and regulations governing the terms of service, in particular regarding the terms of enlistment and the conditions for resigning from the service.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that no report has been received from the Government. The Committee has however taken note of the discussion that took place in the Conference Committee in 1990 on the application of the Convention by Pakistan.

Bonded labour. 1. In its previous comments the Committee referred to the alleged use of bonded labour by contractors known as "Kharkars" in the construction of dams and irrigation canals and noted in the Report to the Government of Pakistan submitted by an ILO Sectoral Review Mission (July-August 1986) a reference to the employment of illegally bonded children in "Kharkar" camps working at night in irrigation tunnels in remote rural areas. Recalling the Government's statement to the Conference Committee in 1987 that the Prime Minister's Five-Point Programme was committed to the complete elimination of all types of exploitation of labour, such as forced labour, the Committee had requested the Government to supply detailed information on the actual measures taken or envisaged in this regard.

The Commmittee noted that in his statement to the Conference Commmittee in 1989 the Government representative denied the existence of any "Kharkar" camp as well as the existence of any bonded labour in the country. Similarly, in its report on the Convention received in March 1990, the Government stated that no "Kharkar" camps are in the knowledge of the Government and no child labour is allowed to exist; in order to dispel apprehension in this regard the Government indicated that it proposed to introduce a law in the Parliament whereby exploitation of labour in all its forms, including bonded labour, would be an offence punishable under the law and that the draft Bill on abolition of bonded labour was under preparation.

The Committee notes the information provided by the Government to the Conference Committee in 1990 that it has decided to abolish bonded labour through a law which would ensure complete freedom of bonded labourers. The proposed law had been approved by Cabinet and was soon expected to be enacted. Under this law, bonded labourers would be freed from any obligation to render any labour; the law would make void and inoperative all customs, traditions, practices, contracts or agreements obliging bonded labourers or their families, whether they were entered into or in operation before or after its entering into force. Under the law, every obligation of the bonded labourer to repay any bonded debt or part thereof would be extinguished and unenforceable. Those who violated the law would be punished with substantial fines and penal sanctions. Bonded labourers working after the commencement of the law would be paid at the prescribed rates and application of the law would be monitored by local vigilance committees.

The Committee notes these indications with interest. It hopes that the Government will provide information on action taken in this regard.

2. The Committee recalls that it noted the discussion in the Working Group on Contemporary Forms of Slavery of the United Nations Subcommission on Prevention of Discrimination and Protection of Minorities at its 14th Session which took place in August 1989. The Committee noted that the Report of the Working Group (doc. E/CN.4/Sub.2/1989/39 of 28 August 1989) referred to information provided by Anti-Slavery International concerning child labour related to debt bondage in the South Asian countries. This information is set out in the report of the South Asian Seminar on Child Servitude held in June-July 1989 and attended by representatives of non-governmental organisations from five countries. Referring to Pakistan, the report indicated that large-scale exploitation of bonded labourers was to be found in brick-making, carpet weaving, fish cleaning and packing, shoemaking, bidi making, auto-repair, agriculture, mining, quarrying and stone-crushing industries.

In a further report on the practice of bonded labour in Pakistan submitted to the Working Group, a representative of Anti-Slavery International referred to the brick-kiln labourers who are considered bonded labourers in an order of the Supreme Court of Pakistan of 18 September 1988. The representative, President of the Bhatta Mazdoor Mahaz (Brick Kiln Labourers' Front) and of the Bonded Labour Liberation Front of Pakistan created after the adoption of the Supreme Court Order, estimated that about 20 million people, among them 7.5 million children, fell in the category of "bonded labourers", of which 2 million families alone were working at the brick kilns as virtual slaves. The majority of these people did not exist in the government records, either in the census - hence no right to vote, or in the national registration - hence no identity cards. A child born in a family of "Bhatta Mazdoor" (brick kiln labourers) was forced to start working before he learned to play. His meagre work might help his family to repay the "Peshgi" (advance bonded money) which his father and forefathers had allegedly received from the Bhatta owner for their survival. Even a woman in her pregnancy and maternity period was bound to work to clear the "Peshgi". But the system was so devised that in spite of his best efforts the labourer was unable to clear the "Peshgi", which kept on increasing. To recover the "Peshgi" the Bhatta owner got forced labour from the entire family, paying them only a nominal amount of money as subsistence allowance, which kept the labourer and his family alive on a subhuman level. If a labourer demanded his full wages or desired to quit the job, the owner would give him a severe beating and torture, which might also extend to his wife and children. The abduction of womenfolk and putting the labourer in private confinement or implicating him in false criminal cases was not uncommon.

After the Supreme Court Order of 18 September 1988 identifying "Bhatta Mazdoors" as bonded labourers, thousands of families left the Bhatta for areas of their liking in search of better employment. The liberty afforded to brick-kiln workers by the decision of the Supreme Court provided a ray of hope to other bonded labourers working in carpet, fisheries, stone crushing, shoe-making, power loom, paper picking, agriculture, etc., who joined the Brick Kiln Labourers' Front in forming the "Bonded Labour Liberation Front of Pakistan" (BLLFP). The BLLFP has established branches throughout the country and is making sustained efforts to solve the problems of bonded labour and to rehabilitate the workers with its meagre resources. Three thousand agricultural labourers, 1,000 stone crushers, 500 from the carpet industry and 500 from power looms, fisheries and the paper-picking industry had been released.

The BLLFP had already approached the Government for legislation to abolish the bonded labour system and to take immediate measures for the rehabilitation of bonded labourers.

The Committee also noted that during the discussion in the United Nations Working Group on Contemporary Forms of Slavery, the observer for Pakistan, referring to the existence of bonded labour in his country, declared that the Government was fully aware of these social ills and determined to root them out. He underlined the strong commitment by the Government to eliminate bonded labour in all its forms and stated that forced labour or "Kharkari" would not be allowed. He stressed that Pakistan was bound to conform to international labour standards and underlined that under article 11 of the Constitution slavery and all forms of forced labour and traffic in human beings are prohibited as is child labour under the age of 14 years in any factory or mine or any other hazardous employment; the illegal hiring of child labour is punishable with strict penalties under the Children (Pledging of Labour) Act, 1933 and the Employment of Children Act No. 26 of 1988. In cases of violation of the Constitution and the laws of the country the aggrieved had access to the judiciary, as shown in the Supreme Court of Pakistan judgement of 18 September 1988 on bonded labour in the brick-kiln industry.

The Committee also took note of three decisions made by the Supreme Court of Pakistan on the Constitution Case No. 1 of 1988 (in the matter of enforcement of fundamental rights regarding bonded labour in the brick kiln industry): the Order dated 18 September 1988 which was not final, the interim Order of 23 November 1988 and the Final Bench Order of 22 March 1989. These provide, inter alia, the following:

(i) Peshgi. The peshgi system (advance bonded money) is to be discontinued forthwith, except that up to one week's estimated wages may be paid by the owner to the worker as advance against proper receipt. Past unreturned peshgis given to the labourers by brick-kiln owners, for the time being shall not be treated as void and irrecoverable. Labourers are legally bound to return all such peshgis, and the owners are authorised to recover the same by legal means but not through coercive methods or use of police. A maximum of Rs.5,000 per household granted to labourers by the owners in the past in the form of formal loans or grants for marriages, religious festivals, medical treatment and death ceremonies shall not be recoverable and shall be treated as donations; this concession shall only be available to those labourers who return and resume their work voluntarily. According to the Order dated 18 September 1988, the question whether recoveries of past peshgis would be abolished altogether and whether legislation should be made on the lines as done in India, was deferred for the time being for six months. This aspect was to be reviewed in the light of the working of the above arrangements.

(ii) Return to work. A notice/direction is to be issued to all the labourers to come for work and report to their respective Bhatta owners, who will give them assurances in writing that they will not use any coercive methods or police powers to bring them back or to retain them. However, in case a labourer does not want to come back or, having returned, wants to leave his work in the Bhatta of an existing owner, or to get a job elsewhere in the Bhatta of another owner, he shall not be retained forcibly provided he, on application to be made to the concerned District Judge/Civil Judge, gets a certificate for the purpose.

(iii) Payment of wages and exclusion of intermediaries. Payment of wages shall be made to the labourers on a daily/weekly/fortnightly/monthly basis as agreed upon; no deductions are to be made for damage/losses to bricks caused on account of rain; the existing Jamadar/Jamadarni system is to cease forthwith, no payments on behalf of the labourers shall be made to them nor recoverable/adjustable. According to the Order dated 18 September 1988, the payment of wages was to be made in cash and a receipt issued in duplicate - one to be retained by each side.

(iv) Use of force against workers' family members. The owners shall not directly or indirectly ask or pressurise any labourer for employing women or children. However, if the workers do so at their own risk, no complaint shall be made against the Bhatta owners on their behalf. "The head of the household who employs any of their womenfolk against her wishes and/or children might in proper cases be proceeded against."

(v) Reporting. According to the Order dated 18 September 1988, every case registered anywhere in Punjab by the police, which deals directly or indirectly with any of the constituents of the practice of bonded labour in the brick-kiln industry was to be reported to the Advocate-General with a First Information Report (FIR) within 24 hours. The Advocate-General was to submit a photocopy of the FIR and other documents, if any, with his own comments, within a further 24 hours, to the Supreme Court.

The Committee expressed the hope that, further to the Supreme Court Orders on bonded labour in the brick-kiln industry, the necessary measures would be taken to eradicate forced and bonded labour in practice as well as in law both in the brick-kiln industry and in other spheres of activity, and that the Government would supply detailed indications on the action taken or envisaged to this end. In particular, the Committee requested information on the following:

(a) measures taken towards the adoption of legislation to abolish the recovery of past peshgis and, more generally, to eradicate the bonded labour system and to provide for the rehabilitation of bonded labourers both in the brick-kiln industry and elsewhere;

(b) the implementation of the Supreme Court Orders on bonded labour in the brick-kiln industry, including the following details:

(i) the application in practice of the requirement that workers wishing to leave their respective Bhatta owners must make an application to the District Judge/Civil Judge to get a certificate for the purpose, and the implications for the freedom of the workers concerned;

(ii) the situation in law and practice regarding the requirement, included in the Order of 18 September 1988 but omitted later, that wages be paid in cash and receipts issued in duplicate;

(iii) the situation in law and practice regarding the "proper cases" in which persons who employ women against their wishes and/or children are proceeded against;

(iv) enforcement measures, including copies of documents submitted to the Advocate-General and the Supreme Court in accordance with the reporting requirements laid down in the Order of 18 September 1988 but omitted later;

(c) details on subsequent follow-up action by the police, the Advocate-General, the courts and the labour inspection to enforce the prohibition of forced labour both in the brick-kiln industry and elsewhere, including copies of the latest reports of the Commission of Human Rights dealing with bonded labour.

The Committee hopes that the Government will provide the information in question.

Restrictions on termination of employment. 3. The Pakistan Essential Services (Maintenance) Act 1952 and the West Pakistan Essential Services (Maintenance) Act 1958, have been the subject of comments by the Committee and of discussions at the Conference Committee for a considerable number of years. Under sections 2, 3(1)(b) and explanation 2 and section 7(1) of the Pakistan Essential Services (Maintenance) Act, it is an offence punishable with imprisonment for up to one year for any person in employment of whatever nature under the central Government to terminate his employment without the consent of his employer, notwithstanding any express or implied term in his contract providing for termination by notice. Pursuant to section 3 of the same Act, these provisions may be extended to other classes of employment. Similar provisions are contained in the West Pakistan Act as regards persons in employment under the West Pakistan Government or any agency set up by it or a local authority or any service relating to transport or civil defence.

The Committee noted the Government's indication to the Conference Committee in 1989 that the Government had decided to meet the requirements of the Convention by amending the Pakistan Essential Services (Maintenance) Act, 1952, so that an employee of an establishment covered under the Act may terminate his employment in accordance with the express or implied terms of the contract of employment and that the proposed amendment was to be submitted to the National Assembly. The Committee noted the Government's indication in its report for the period ending June 1989 as well as to the Conference Committee in 1990 that the Act is being so amended.

The Committee firmly hopes that the necessary measures will soon be adopted to bring the Pakistan Essential Services (Maintenance) Act, 1952, as well as the West Pakistan Essential Services (Maintenance) Act, 1958, into conformity with the Convention, and that the Government will indicate the action taken.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee has been requesting the Government since 1981 to supply information on the terms of service of career military personnel, in particular with regard to terms of enlistment and the conditions for resigning from active service. The Committee noted the Government's statement in its report for the period ending 30 June 1987 that it considers the military service, being a voluntary one, not to be covered by the Convention. Referring to the explanations given in paragraphs 33, and 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour, as well as in point 1 of its observation under the Convention, the Committee recalls that even where employment is originally the result of a freely concluded agreement, the worker's right to free choice of employment remains inalienable, so that he must have the possibility of leaving the service in peacetime within a reasonable period.

In its latest report, the Government adds that military personnel, apart from being voluntary employees, do not fall within the definition of industrial workers and therefore are not covered by any labour law. The Committee observes that the protection of the Convention is not limited to industrial workers but extends to all persons.

The Committee expresses the hope that the Government will supply in its next report detailed information on service in the armed forces, including copies of laws and regulations governing the terms of service, in particular regarding the terms of enlistment and the conditions for resigning from the service.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information provided by the Government in its report. The Committee also has taken note of the discussion that took place in the Conference Committee in 1989.

1. Bonded labour. In its previous comments the Committee referred to the alleged use of bonded labour by contractors known as "Kharkars" in the construction of dams and irrigation canals and noted in the Report to the Government of Pakistan submitted by an ILO Sectoral Review Mission (July-August 1986) a reference to the employment of illegally bonded children in "Kharkar" camps working at night in irrigation tunnels in remote rural areas. Recalling the Government's statement to the Conference Committee in 1987 that the Prime Minister's Five-Point Programme was committed to the complete elimination of all types of exploitation of labour, such as forced labour, the Committee requested the Government to supply detailed information on the actual measures taken or envisaged in this regard.

The Commmittee notes that in his statement to the Conference Commmittee in 1989 the Government representative denied the existence of any "Kharkar" camp as well as the existence of any bonded labour in the country. Similarly, in its report on the Convention, the Government states that no "Kharkar" camps are in the knowledge of the Government and no child labour is allowed to exist; in order to dispel the apprehension in this regard the Government proposes to introduce a law in the Parliament whereby exploitation of labour in all its forms, including bonded labour, shall be an offence punishable under the law. The draft Bill on abolition of bonded labour is under preparation.

The Committee notes these indications with interest. It has also taken note of the discussion in the Working Group on Contemporary Forms of Slavery of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities at its 14th Session which took place in August 1989.

The Committee notes that the Report of the Working Group (doc. E/CN.4/Sub.2/1989/39 of 28 August 1989) refers to information provided by the Anti-Slavery Society for the Protection of Human Rights concerning child labour related to debt bondage in the South Asian countries; this information is set out in the report of the South Asian Seminar on Child Servitude held in June-July 1989 and attended by representatives of non-governmental organisations from five countries; referring to Pakistan, the report indicated that large-scale exploitation of bonded labourers was to be found in brick-making, carpet weaving, fish cleaning and packing, shoe-making, bidi making, auto-repair, agriculture, mining, quarrying and stone-crushing industries.

In a further report on the practice of bonded labour in Pakistan submitted to the Working Group, a representative of the Anti-Slavery Society referred to the brick-kiln labourers who are considered bonded labourers in a path-breaking order of the Pakistani Supreme Court of 18 September 1988. The representative, President of the Bhatta Mazdoor Mahaz (Brick Kiln Labourers' Front) and of the Bonded Labour Liberation Front of Pakistan created after the adoption of the Supreme Court order, estimated that about 20 million people, among them 7.5 million children, fell in the category of "bonded labourers", of which 2 million families alone were working at the brick kilns as virtual slaves. The majority of these people did not exist in the government records, neither in the census - hence no right to vote, nor in the national registration - hence no identity cards.

A child born in a family of "Bhatta Mazdoor" (brick kiln labourers) was forced to start working before he learned to play. His meagre work might help his family to repay the "Peshgi" (advance bonded money) which his father and forefathers had allegedly received from the Bhatta owner for their survival. Even a woman in her pregnancy and maternity period was bound to work to clear the "Peshgi". But the system was so devised that in spite of best efforts the labourer was unable to clear the "Peshgi", which kept on increasing. To recover the Peshgi the Bhatta owner got forced labour from the entire family, paying them only a nominal amount of money as subsistence allowance, which kept the labourer and his family alive on a sub-human level. If a labourer demanded his full wages or desired to quit the job, the owner would give him a severe beating and torture which might also extend to his wife and children. The abduction of womenfolk and putting the labourer in private confinement or implicating him in false criminal cases was not uncommon.

After the Supreme Court Order of 18 September 1988 identifying "Bhatta Mazdoors" as bonded labourers, thousands of families left the Bhatta for areas of their liking in search of better employment. The liberty afforded to brick-kiln workers by the decision of the Supreme Court provided a ray of hope to other bonded labourers working in carpet, fisheries, stone crushing, shoemaking, power loom, paper picking, agriculture, etc., who joined the Brick Kiln Labourers' Front in forming the "Bonded Labour Liberation Front of Pakistan" (BLLFP). The BLLFP has established branches throughout the country and is making sustained efforts to solve the problems of bonded labour and to rehabilitate the workers with its meagre resources. So far 3,000 agricultural labourers, 1,000 stone crushers, 500 from the carpet industry and 500 from power looms, fisheries and the paper-picking industry had been released.

The BLLFP had already approached the Government for legislation to abolish the bonded labour system and to take immediate measures for the rehabilitation of bonded labourers.

The Committee has taken due note of these indications. It also notes with interest that during the discussion in the United Nations Working Group on Contemporary Forms of Slavery, the observer for Pakistan, referring to the existence of bonded labour in his country, declared that the Government was fully aware of these social ills and determined to root them out. He underlined the strong commitment by the new Government to eliminate bonded labour in all its forms and stated that forced labour or "Kharkari" would not be allowed. He stressed that Pakistan was bound to conform to international labour standards and underlined that under article 11 of the Constitution slavery and all forms of forced labour and traffic in human beings are prohibited as is child labour under the age of 14 years in any factory or mine or any other hazardous employment; the illegal hiring of child labour is punishable with strict penalties under the Children (Pledging of Labour) Act, 1933 and the Employment of Children Act - 26 of 1988. In cases of violation of the Constitution and the laws of the country the aggrieved had access to the judiciary, as shown in the Supreme Court of Pakistan judgement of 18 September 1988 on bonded labour in the brick-kiln industry.

The Committee has taken note of three decisions made by the Supreme Court of Pakistan on the Constitution Case No. 1 of 1988 (in the matter of enforcement of fundamental rights re: bonded labour in the brick kiln industry): the Order dated 18 September 1988 which was not final, the interim Order of 23 November 1988 and the Final Bench Order of 22 March 1989. These provide, inter alia, the following:

(i) Peshgi. The peshgi system (advance bonded money) is to be discontinued forthwith, except that up to one week's estimated wages may be paid by the owner to the worker as advance against proper receipt. Past unreturned peshgis given to the labourers by brick-kiln owners, for the time being shall not be treated as void and irrecoverable. Labourers are legally bound to return all such peshgis, and the owners are authorised to recover the same by legal means but not through coercive methods or use of police. A maximum of Rs.5,000 per household granted to labourers by the owners in the past in the form of formal loans or grants for marriages, religious festivals, medical treatment and death ceremonies shall not be recoverable and shall be treated as donations; this concession shall only be available to those labourers who return and resume their work voluntarily. According to the Order dated 18 September 1988, the question whether recoveries of past peshgis would be abolished altogether and whether legislation should be made on the lines as done in India, was deferred for the time being for six months. This aspect was to be reviewed in the light of the working of the above arrangements.

(ii) Return to work. A notice/direction is to be issued to all the labourers to come for work and report to their respective Bhatta owners, who will give them assurances in writing that they will not use any coercive methods or use of police force to bring them back or to retain them. However, in case a labourer does not want to come back or, having returned, wants to leave his work in the Bhatta of an existing owner, or to get a job elsewhere in the Bhatta of another owner, he shall not be retained forcibly provided he, on application to be made to the concerned District Judge/Civil Judge, gets a certificate for the purpose.

(iii) Payment of wages and exclusion of intermediaries. Payment of wages shall be made to the labourers on a daily/weekly/fortnightly/monthly basis as agreed upon; no deductions are to be made for damage/losses to bricks caused on account of rain; the existing Jamadar/Jamadarni system is to cease forthwith, no payments on behalf of the labourers shall be made to them nor recoverable/adjustable. According to the Order dated 18 September 1988, the payment of wages was to be made in cash and a receipt issued in duplicate - one to be retained by each side.

(iv) Use of force against workers' family members. The owners shall not directly or indirectly ask or pressurise any labourer for employing women or children. However, if the workers do so at their own risk, no complaint shall be made against the Bhatta owners on their behalf. "The head of the household who employs any of their womenfolk against her wishes and/or children might in proper cases be proceeded against."

(v) Reporting. According to the Order dated 18 September 1988, every case registered anywhere in Punjab by the police, which deals directly or indirectly with any of the constituents of the practice of bonded labour in the brick-kiln industry was to be reported to the Advocate-General with a FIR within 24 hours. The Advocate-General was to submit a photocopy of the FIR and other documents, if any, with his own comments, within a further 24 hours, to the Supreme Court.

The Committee hopes that, further to the Supreme Court Orders on bonded labour in the brick-kiln industry, the necessary measures will be taken to eradicate forced and bonded labour in practice as well as in law both in the brick-kiln industry and in other spheres of activity, and that the Government will supply detailed indications on the action taken or envisaged to this end. In particular, the Committee looks forward to information on the following:

(a) measures taken towards the adoption of legislation to abolish the recovery of past peshgis and, more generally, to eradicate the bonded labour system and to provide for the rehabilitation of bonded labourers both in the brick-kiln industry and elsewhere;

(b) the implementation of the Supreme Court Orders on bonded labour in the brick-kiln industry, including the following details:

(i) the application in practice of the requirement that workers wishing to leave their respective Bhatta owners must make an application to the District Judge/Civil Judge to get a certificate for the purpose, and the implications for the freedom of the workers concerned;

(ii) the situation in law and practice regarding the requirement, included in the Order of 18 September 1988 but omitted later, that wages be paid in cash and receipts issued in duplicate;

(iii) the situation in law and practice regarding the "proper cases" in which persons who employ women against their wishes and/or children are proceeded against;

(iv) enforcement measures, including copies of documents submitted to the Advocate-General and the Supreme Court in accordance with the reporting requirements laid down in the Order of 18 September 1988 but omitted later;

(c) also details on subsequent follow-up action by the police, the Advocate-General, the courts and the labour inspection to enforce the prohibition of forced labour both in the brick-kiln industry and elsewhere, including copies of the latest reports of the Commission of Human Rights dealing with bonded labour.

2. Restrictions on termination of employment. The Pakistan Essential Services (Maintenance) Act 1952 and the West Pakistan Essential Services (Maintenance) Act 1958, have been the subject of comments by the Committee and of discussions at the Conference Committee for a considerable number of years. Under sections 2, 3(1)(b) and explanation 2 and section 7(1) of the Pakistan Essential Services (Maintenance) Act, it is an offence punishable with imprisonment for up to one year for any person in employment of whatever nature under the central Government to terminate his employment without the consent of his employer, notwithstanding any express or implied term in his contract providing for termination by notice. Pursuant to section 3 of the same Act, these provisions may be extended to other classes of employment. Similar provisions are contained in the West Pakistan Act as regards persons in employment under the West Pakistan Government or any agency set up by it or a local authority or any service relating to transport or civil defence.

The Committee has noted with interest the Government's indication to the Conference Committee in 1989 that the Government has decided to meet the requirements of the Convention by amending the Pakistan Essential Services (Maintenance) Act, 1952, so that an employee of an establishment covered under the Act may terminate his employment in accordance with the express or implied terms of the contract of employment and that the proposed amendment was to be submitted to the National Assembly. The Committee notes the Government's indication in its latest report that the Act is being so amended. The Committee firmly hopes that the necessary measures will soon be adopted to bring the Pakistan Essential Services (Maintenance) Act 1952, as well as the West Pakistan Essential Services (Maintenance) Act 1958, into conformity with the Convention, and that the Government will indicate the action taken. [The Government is asked to supply full particulars to the Conference at its 77th Session and to report in detail for the period ending 30 June 1990.]