Observation (CEACR) - adoptée 1999, publiée 88ème session CIT (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.