Solicitud directa (CEACR) - Adopción: 2020, Publicación: 109ª reunión CIT (2021)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Pakistán (Ratificación : 2001)

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Observación

Solicitud directa

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Articles 3(a) and 7(2) (b) and Articles 3(d) and 7(2) (b)), as well as on the basis of the information at its disposal in 2019.

Article 3(a) of the Convention. Worst forms of child labour. Compulsory recruitment of children for use in armed conflict. The Committee previously noted the Government’s information that it was making the utmost efforts to prevent the use of children by terrorist and extremist groups and that punitive action was being taken against those who use children for terrorist activities. The Government also indicated, in its written replies to the Committee on the Rights of the Child (CRC) of 11 April 2016, that Pakistan’s armed forces do not deploy persons under the age of 18, and that terrorists cannot legally recruit any person including children because the formation of private military organizations is prohibited under article 256 of the Constitution and the Private Military Organisations (Abolition and Prohibition) Act of 1973 (CRC/C/PAK/Q/5/Add.1, paragraph 65). However, the Committee noted that the CRC expressed its grave concern in its concluding observations of July 2016 that children continued to be targeted for recruitment and training by armed groups for military activities, which included suicide bombing and detonating landmines, and were transferred to the front lines of conflict areas (CRC/C/PAK/CO/5, paragraph 69). The Committee therefore urged the Government to intensify its efforts to put an end, in practice, to the forced or compulsory recruitment of children for use by armed groups, and proceed with the full and immediate demobilization of all these children.

The Committee notes the Government’s reference, in its report, to the legal provisions under the Sindh Prohibition of Employment of Children Act 2017 (Sindh Child Act 2017) (section 14(1)(a)) and the Punjab Restriction on Employment of Children Act, 2016 (Punjab Children Act 2016) (section 11(3)(a)) which prohibit the recruitment of children for use in armed conflict and provide for penalties of fines from 200,000 to 1 million Pakistani rupees (PKR) and imprisonment ranging from three to ten years. The Committee requests the Government to provide information on the application in practice of section 14(1)(a) of the Sindh Child Act 2017 and section 11(3)(a) of the Punjab Children Act 2016 concerning the offences related to the use and recruitment of children under 18 years of age for armed conflict, including the number of investigations and prosecutions carried out and the penalties applied.

Articles 3(a) and 7(2)(b) of the Convention. Sale and trafficking of children and direct assistance to victims. The Committee previously noted that pursuant to the Prevention and Control of Human Trafficking Ordinance of 2002 (PCHTO), human trafficking for the purpose of sexual exploitation, slavery or forced labour is prohibited and that the Federal Investigating Agency (FIA) was responsible for the implementation of the PCHTO. It also noted that the Criminal Law (Second Amendment) Act 2016 introduced section 369A to the Penal Code providing for penalties for the offences of trafficking in human beings. The Committee noted that the CRC expressed its concern, in its concluding observations of 11 July 2016, that Pakistan remained a significant source, destination and transit country for children trafficked for purposes of commercial sexual exploitation and forced or bonded labour (CRC/C/PAK/CO/5, paragraph 75). It also noted from the Global Report on Trafficking in Persons 2016 of the United Nations Office on Drugs and Crime (UNODC) that, from January to September 2015, 287 child victims of internal trafficking were identified but no child victims were identified in cross-border trafficking offences from January 2012 to September 2015. The Committee therefore urged the Government to strengthen its efforts to combat and eliminate trafficking in children, to identify child victims of trafficking and to provide for appropriate services for the purposes of rehabilitation and social integration.

The Committee notes the Government’s information in its supplementary report that the newly promulgated Prevention of Trafficking in Persons Act (PTPA), 2018 and the Prevention of Smuggling of Migrants Act (PSMA), 2018 provide stringent penalties for the offences related to trafficking of persons. According to section 3(2) of the PTPA, anyone who commits the offence of trafficking of children under the age of 18 years for labour or sexual exploitation shall be punished with imprisonment ranging from two to ten years or a fine of a maximum of PKR one million or both. Moreover, the PSMA penalizes the offences related to the facilitation of illegal entry of persons into Pakistan or from Pakistan to another country for benefit. It notes the Government’s information that in 2019, two cases related to the trafficking of children were registered under the PSMA, and in one case a fine of PKR 0.06 million (approximately US$368) was imposed on the perpetrator.

The Committee also notes the information from the official website of the Ministry of Interior on the measures taken by the Government to combat trafficking, of persons including: (i) the establishment of an Integrated Border Management System (IBMS) at all FIA Immigration Check Posts; (ii) issuance of computerized national identity cards and Pakistan origin cards for overseas Pakistanis and family registration certificates; (iii) capacity-building of immigration officials; (iv) maintenance of an Exit Control List in order to stop the exit of traffickers of persons and smugglers from Pakistan; (v) establishment of a 24/7 FIA Helpline for complaints and support; and (vi) establishment of an Inter-Agency Task Force for the collection of intelligence and sharing of information on trafficking in persons and smuggling. The Committee further notes that in 2018, a total of 348 cases were registered under the PTPA and PSMA. Moreover, 18 of the most wanted traffickers were arrested in the same year. The Committee requests the Government to continue to provide information on the number of cases that relate to the trafficking of children under 18 years of age as well as the number of investigations and prosecutions carried out and penalties imposed under section 3(2) of the PTPA as well as under the PSMA. It also requests the Government to provide information on the measures taken to identify child victims of trafficking as well as on the measures taken to ensure their rehabilitation and social integration.

Article 3(b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that the 2016 amendments to the Pakistan Criminal Code, 1860 explicitly prohibits child pornography, referring to any production of obscene or sexually explicit conduct by any means involving a child (section 292) and provides for penalties of imprisonment and fines (section 292C). The Committee requested the Government to provide information on the application of section 292B and C in practice.

The Committee notes that the Government’s report does not contain any information in this regard. The Government’s report refers to section 11(3) of the Punjab Restriction on Employment of Children Act, 2016 and section 14 of the Sindh Prohibition of Employment of Children Act, 2017 which prohibit child pornography and provide for strict penalties of imprisonment for up to ten years and fines. The Committee requests the Government to provide information on the application in practice of section 11(3) of the Punjab Restriction on Employment of Children Act, 2016 and section 14 of the Sindh Prohibition of Employment of Children Act, 2017, as well as section 292B and C of the Pakistan Criminal Code, including the number of investigations, prosecutions, convictions and penalties imposed.

Articles 3(d) and 7(2)(b). Hazardous work and direct assistance to victims. 1. Children working in brick kilns. The Committee previously noted that a large number of children are working in brick kilns under hazardous conditions, and that nearly half of the children under 14 years of age working in brick kilns worked for more than ten hours a day without any safeguards. It noted that the Punjab Prohibition of Child Labour at Brick Kilns Act, 2016 prohibits the employment of children under 14 years of age in brick kilns and holds as liable the occupier of the kiln and parents or guardian of the children for any violations (sections 5 and 7). Moreover, the Punjab Government had also developed a scheme of assistance for children living and working in brick kilns which includes a package of free uniforms, books, bags and shoes, and financial allowance to the families for enrolling their child in school. The Committee requested the Government of Punjab to pursue its efforts while requesting the governments of other provinces to take the necessary measures in this regard.

The Committee notes the information provided by the Government that in 2019, 10,362 inspections were conducted under the Punjab Prohibition of Child Labour at Brick Kilns Act, 2016, 959 child labour cases were detected, five brick kilns were sealed, and 602 persons were arrested. It also notes the Government’s information that the District Vigilance Committees (DVCs) under the supervision of the District Magistrate has taken legal action to stop the functioning of brick kilns in the Islamabad Capital Territory (ICT) that make use of child labour imposing heavy fines. The Government states that the Balochistan administration is determined to accelerate its efforts to cover the workers in brick kilns and initiate programmes to address their rehabilitation and social integration. The Government report indicates that there are no cases of child labour reported in the brick kilns in the Province of Sindh. The Committee however notes from the findings of the study conducted by the Bureau of Statistics Planning and Development Department Government of Khyber Pakhtunkhwa (KPK) in May 2017 on bonded labour in the brick kiln industry in the two districts of KPK that according to the data collected from the workers, 5 per cent of children were found to be engaged in work in brick kilns. The Committee requests the Government to continue to provide information on the measures taken or envisaged, both in law and in practice, by the provincial governments to protect children under 18 years of age engaged in the brick kiln industry from hazardous work. It also requests the Government to provide information on the results achieved, particularly on the number of children removed from working in brick kilns through inspections and the number of children provided with direct assistance for their rehabilitation and social integration. The Committee further requests the Government to continue to provide information on the application in practice of the provisions of the Punjab Prohibition of Child Labour at Brick Kilns Act, 2016, indicating the number of prosecutions carried out and penalties imposed for the offences related to child labour in brick kilns.

2. Children working in carpet weaving and the glass bangle industry. The Committee previously noted that despite several projects aimed at withdrawing children from work in carpet weaving, a significant number of children continued to work in this industry and suffered eye and lung diseases due to unsafe working conditions. The Committee also noted that, according to the rapid assessment studies carried out in different sectors in Pakistan, the glass bangle manufacturing industry used children as young as 11 years of age. The study also indicated that this type of work is highly dangerous for children due to the exposure to high temperatures and dangerous chemicals. It requested the Government to provide information on the measures taken to address child labour in carpet weaving and the glass bangle industry.

The Committee notes the Government’s information that the newly enacted Punjab Restriction on Employment of Children Act, 2016, the Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015 and the Sindh Prohibition of Employment of Children Act, 2017 which provide for a list of hazardous work prohibited to children under 18 years, include, in its list, work related to carpet weaving and glass bangle manufacturing. The violation of these provisions shall be punishable with imprisonment for up to six months and a fine of between PKR10,000 and PKR50,000. The Government indicates that in 2018 in the Province of Punjab, 12,934 inspections were carried out in the carpet weaving and glass bangle industry, 176 First Information Reports against the employers were lodged and 30 arrests were made. The Committee notes the Government’s information that a comprehensive work plan to eliminate child labour in these sectors will be designed in the Province of Sindh after assessing the findings of the ongoing child labour survey. The Government also indicates that the Government of Balochistan will be conducting a special inspection in carpet weaving industries to ensure withdrawal of children involved in child labour in this industry. The Committee requests the Government to provide information on the application in practice of the provisions prohibiting hazardous activities in the carpet and glass bangle manufacturing factories contained in the respective laws of the Provinces of Punjab, Sindh and KPK. It also requests the Government to provide information on the measures taken or envisaged for the removal, rehabilitation and social reintegration of children working in these sectors and the results achieved.

Article 6. Programme of action. Child bonded labour. In its previous comments, the Committee noted that the federal Government, in collaboration with the ILO, was in the process of developing a National Strategy to Eliminate Child and Bonded Labour. The Committee requested the Government to take the necessary measures to ensure the adoption of the National Strategy to Eliminate Child and Bonded Labour in the near future.

The Committee notes with interest the Government’s information that the National Strategic Framework to Eliminate Child and Bonded Labour in Pakistan (National Strategy) has been developed and adopted by the Ministry of Overseas Pakistanis and Human Resource Development (OP and HRD). This National Strategy aims to contribute to the abolition of child and bonded labour in Pakistan by providing a framework for the federal and the provincial Governments to reinforce coordinated implementation on their constitutional mandate through: (i) capacity development; (ii) policy integration and mainstreaming of child and bonded labour issues and concerns into key development policies, programmes and their budgets; (iii) strengthened law enforcement; (iv) enhancing the system of child and bonded labour data collection, analysis and use; (v) partnerships and resource mobilization; and (vi) Information, Education and Communication (IEC). The Committee notes the Government’s information that the National Strategy drives 18 recommendations of actions by the provinces in the efforts to eliminate child bonded labour from Pakistan. The Committee requests the Government to provide information on the implementation of the National Strategy and its recommendations to eliminate child bonded labour and its impact in eliminating child bonded labour. It also requests the Government to provide information on the implementation of any other projects at the provincial level to combat child bonded labour, and to provide information on the results achieved, including the number of children removed from bonded labour and provided assistance, disaggregated by age and gender.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Child domestic workers. In its previous comments, the Committee noted that child domestic labourers were susceptible to becoming involved in a worst form of child labour, as their work was difficult to monitor or regulate. The Committee noted the Government’s information that the Domestic Workers (Employment Rights) Bill which is applicable in the Islamabad Capital Territory (ICT Domestic Workers Bill) had been submitted to the Senate and was under review. The Bill provides for equal treatment to domestic workers as workers in the formal sector, including in respect of the employment contract, occupational safety and health and social security coverage and introduces the minimum age of 18 years for live-in domestic workers. It also noted that the Government of Punjab had approved its Domestic Workers Policy and would be regulated soon. The Committee requested the Government to take the necessary measures to ensure that the Domestic Workers Bill and related legislation at the provincial levels are adopted in the near future.

The Committee notes the Government’s information that the ICT Domestic Workers Bill is still undergoing revision. It also notes the Government’s indication that the Punjab Domestic Workers Act 2019 has been passed while discussions and consultations with key stakeholders on the promulgation of the Balochistan Domestic Workers Regulation Bill 2017 are still ongoing. While welcoming the adoption of the Punjab Domestic Workers Act 2019, the Committee expresses the firm hope that the ICT Domestic Workers Bill and the Balochistan Domestic Workers Regulation Bill will be adopted in the near future. It also requests the Government to indicate the measures taken or envisaged to regulate domestic work in other provinces. The Committee further requests the Government to strengthen its efforts to protect and withdraw child domestic workers from exploitative and hazardous work and to provide information on the specific measures undertaken and the results achieved in this regard.