Observación (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (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.