Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Pakistan (Ratification: 2001)

Autre commentaire sur C182

Observation

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The Committee notes that the country is participating in an ILO technical assistance programme, the Special Programme Account (SPA) project. It notes with interest that this technical assistance resulted in the development of action plans, by each of the provincial governments, to concretely address the comments of the Committee, including the adoption of legislation establishing a minimum age of 18 for engagement in hazardous work. In this regard, the Committee notes the indication contained in the mission report of the tripartite inter-provincial workshop carried out in May 2013 within the framework of the SPA project according to which each province planned to adopt this draft legislation by the end of December 2013.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. 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. Nonetheless, the Committee noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 19 October 2009, expressed concern that Pakistan remains a significant source, destination and transit country for children trafficked for the purposes of commercial sexual exploitation and forced and bonded labour (CRC/C/PAK/CO/3-4, paragraph 95). The Committee further noted the allegations of the International Trade Union Confederation (ITUC) indicating that human trafficking is a serious problem in Pakistan, and that women and children reportedly arrive from various countries in the region, many to be bought and sold in shops and brothels and that, in some rural areas, children are sold into debt bondage.

The Committee notes the Government’s statement that the situation in the country is not as grave as the ITUC indicates and that the Federal Investigating Agency in Pakistan is responsible for the implementation of the PCHTO. The Committee also takes note of the Anti-Human Trafficking report provided with the Government’s report, which indicates that until 31 October 2009, 235 child victims of trafficking had been identified (95 boys and 140 girls). This report indicates that 21,735 cases against human traffickers were registered, which resulted in 3,371 convictions, as well as 147 disciplinary cases for law enforcement officers for complicity. The Committee also notes the information from UNICEF in the compilation prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review of 13 August 2012 that the child protection issues negatively affected by floods remain in the country, including trafficking and exploitation (A/HRC/WG.6/14/PAK/2, paragraph 31). Therefore, while taking due note of the measures taken, the Committee once again urges the Government to strengthen its efforts to combat and eliminate both internal and cross-border trafficking of persons under 18. It requests the Government to continue to provide information on the measures taken in this regard and the results achieved, particularly the number of persons convicted and sentenced for cases involving victims under the age of 18.

2. Debt bondage. In its previous comments, the Committee noted the ITUC’s indication that Pakistan has several million bonded labourers, including a large number of children. Debt slavery and bonded labour were mostly reported in agriculture, construction (in particular in rural areas), brick kilns and the carpet making sector. The Committee also noted that the Bonded Labour System (Abolition) Act (BLSA) 1992 abolished bonded labour, but noted that it remained ineffective in practice as officials had not yet been able to secure a conviction under this Act. The Committee further noted measures to address this phenomenon, such as the adoption of the 2001 National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers, and an action programme to provide health services and education and skills training to child bonded labourers working in mines within the national Time-bound Programme (TBP) for the elimination of the worst forms of child labour 2008–16. Moreover, district vigilance committees (DVCs) were constituted to monitor the implementation of the BLSA, but that there were reports of serious corruption within these committees.

The Committee notes the Government’s statement that the DVCs are functional, with meetings being held regularly in most districts and that district complaint cells are also working under the DVCs. The Government indicates that there are no issues relating to corruption, as the DVCs do not operate or manage accounts. It further states that since forced labour is a socio-cultural and economic issue, its exposure is not possible through labour inspection alone, but requires society as a whole to expose it.

The Committee also notes the Government’s information on the continued implementation of the National Policy and Plan of Action for the Abolition of Bonded Labour and Rehabilitation of Freed Bonded Labourers. Through the “Fund for the education of working children and rehabilitation of freed bonded labourers”, free legal aid services have been provided to bonded labourers in Khyber Pakhtunkhwa, Punjab, Balochistan and Sindh, and 75 houses were constructed for the families of ex-bonded labourers in Sindh. Moreover, the “Elimination of bonded labour in brick kilns” project is being implemented in two districts in Punjab. This project included the establishment of 200 non-formal education centres at brick kilns for 9,199 learners, the provision of health and hygiene services and the disbursement of interest-free microcredit loans to 3,132 workers. In addition, a project entitled “Strengthening law enforcement responses and action against internal trafficking and bonded labour” was started in 2010 by the ILO in the provinces of Sindh and Punjab, with the aim of engaging with brick kiln owners, to institute practices towards the eradication of bonded labour, and efforts to link brick kiln workers with social safety nets. The Government also indicates that the Honourable Supreme Court of Pakistan issued a criminal petition in July 2013 directing the Government of Punjab to reactivate the vigilance committees as soon as possible, and that the Government is rigorously pursuing efforts to enforce this decision. Recalling that child bonded labour is one of the worst forms of child labour, the Committee requests the Government to continue to take the necessary effective and time-bound measures to eliminate child debt bondage. It also requests the Government provide information on the impact of the abovementioned measures on removing children from bonded labour and on providing for their rehabilitation and social integration, including the number of children reached through these initiatives. The Committee further requests the Government to take the necessary measures to strengthen the capacity of DVCs and law enforcement officials responsible for the monitoring of bonded labour, to ensure the effective implementation of the BLSA.

3. Compulsory recruitment of children for use in armed conflict. The Committee previously noted that the CRC, in its concluding observation of 19 October 2009 expressed deep concern at reports of madrasas being used for military training, as well as instances of recruitment of children to participate in armed conflict and terrorist activities. The CRC expressed grave concern with regard to reports of forced under-age recruitment and training of children by non state actors for armed actions and terrorist activities, including suicide attacks, and at the lack of preventive measures, including awareness raising, and physical and psychological recovery for children affected by armed conflict (CRC/C/PAK/CO/3-4, paragraph 80).

The Committee notes the Government’s statement that the activities of terrorists have been minimized following military operations in the affected regions of the country, and that the recruitment of children for terrorist activities has been reduced. The Government also indicates that an awareness campaign was carried out by law enforcement agencies in cooperation with religious leaders on the offence of recruiting children, with positive results. The Committee notes the information in the report of the Secretary-General on child and armed conflict of 26 April 2012 that, in 2011, 11 incidents were reported of children being used by armed groups to carry out suicide attacks, involving ten boys, some as young as 13, and one 9-year-old girl. This report also indicates that a rehabilitation and reintegration programme in Malakland for children taken into custody by the Pakistan security forces for alleged association with armed groups received 29 new cases in 2011(S/2012/261, paragraphs 141 and 146). Recalling that the forced recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, the Committee requests the Government to take immediate and effective measures to bring an end in practice to the forced recruitment of persons under 18 years of age by armed groups. It requests the Government to continue to provide information on the measures taken in this regard, and on the results achieved.

Articles 3(d) and 4(1). Hazardous work. The Committee previously noted the statement in the communication of the Pakistan Workers’ Federation (PWF), that a large number of children in Pakistan are employed in hazardous work, particularly in the brick kiln, glass and leather industries, and in the informal economy. The Committee also noted that the national legislation only prohibited the employment of children under 14 in a variety of occupations. In this regard, the Committee recalled that under Article 3(d) of the Convention, children under 18 shall not perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

The Committee notes the Government’s statement that, following the 18th Constitutional Amendment, the power to legislate on labour matters has been transferred to the provinces. The Committee notes with interest the Government’s indication that the four provinces have, in coordination with the Federal Government, drafted a Prohibition of Employment of Children Act, which prohibits the employment of persons under 18 years in hazardous types of work. The Committee notes the statement in the Government’s report that the provinces are in the final stage of preparation to present the draft law to their respective provincial legislative assemblies. In the province of the Punjab, the draft has been sent to the Provincial Cabinet for approval and will subsequently be sent to the Provincial Assembly. In addition, as part of the Combating Abusive Child Labour II Project, preparation of new provincial lists of hazardous child labour will be undertaken. The Committee requests the Government to take the necessary measures to ensure that, in conformity with Article 3(d) of the Convention, this draft Prohibition of Employment of Children Act prohibiting the employment of persons under 18 in hazardous types of work is adopted in each of the four provinces in the near future and is implemented effectively. It also requests the Government to take the necessary measures, following consultation with the organizations of employers and workers concerned, to determine the types of hazardous employment or work prohibited to young persons under 18, in conformity with Article 4(1) of the Convention.

Article 5. Monitoring mechanisms. Labour inspection. The Committee previously noted the ITUC’s indication that the number of labour inspectors is insufficient, that they lack training and that they may be open to corruption. The ITUC added that inspections do not take place in undertakings employing less than ten employees, where most child labour occurs. The Committee also noted the PWF’s statement that the Government should take more effective measures to monitor the use of child labour in the informal economy.

The Committee notes the Government’s statement that building the capacity of labour inspectors, to improve the implementation of labour laws, is a priority area for the Government. The provincial labour departments each have training centres for inspectors, and provide training on child labour. The Committee also notes the information from ILO–IPEC that measures have been taken within the Combating Abusive Child Labour II Project towards the establishment of a child labour monitoring system in the districts of Sukkur and Sahiwal. The Committee requests the Government to pursue its efforts to strengthen the capacity of the labour inspection system, to enable the labour inspectors to effectively monitor the implementation of the provisions giving effect to the Convention. It requests the Government to provide information on the specific measures taken in this regard, including measures to train labour inspectors and provide them with adequate human and financial resources. Lastly, the Committee requests the Government to provide information on the development of child labour monitoring systems in the country.

Article 7(1). Penalties. The Committee previously noted the ITUC’s indication that persons found guilty of violating child labour legislation are rarely prosecuted and that when prosecution did occur, the fines imposed are usually insignificant. The Committee also noted the statement of the All Pakistan Federation of Trade Unions (APFTU) that, although child labour is prohibited by national legislation, child labour and its worst forms are still widespread.

The Committee notes the Government’s statement that the draft of the Prohibition of Employment of Children Act of each of the provinces contains enhanced penalties for offences relating to child labour. The Committee recalls that by virtue of Article 7(1) of the Convention, the Government must take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the application of dissuasive sanctions. The Committee urges the Government to pursue its efforts to enhance the penalties for violations related to the worst forms of child labour legislation, and to ensure that the draft Prohibition of Employment of Children Act, containing stronger penalties, is adopted in the near future. It also requests the Government to strengthen its efforts to ensure that persons who violate the legal provisions giving effect to the Convention are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice.

The Committee is raising other points in a request addressed directly to the Government.