Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

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

Autre commentaire sur C182

Observation

Demande directe

Afficher en : Francais - EspagnolTout voir

Previous observation and previous direct request

The Committee notes the observations of the All Pakistan Federation of Trade Unions (APFTU) received on 31 August 2023. The Committee also notes the observations of the Pakistan Mine Workers Federation (PMWF) received on 7 September 2023 relating to the alleged absence of implementation of the laws on the worst forms of child labour. It requests the Government to provide its comments in this respect.

Articles 3(a) and 5 of the Convention. Debt bondage and monitoring mechanisms. The Committee recalls that the main implementation mechanisms for the laws on the abolishment of bonded labour are through District and Provincial Vigilance Committees (DVCs and PVCs) which aim to enforce the legislation, oversee rehabilitation of victims and to aid district and provincial administrations in implementing the relevant legislation. The Committee notes that the Government provides a copy of the newly adopted Balochistan Forced and Bonded Labour System (Abolition) Act, 2021, and that it indicates that the draft Balochistan Forced and Bonded Labour System (Abolition) Rules, 2023, are under notification process; once notified, DVCs in Balochistan will be created. The Government explains that, in the meantime, the Provincial and District Anti-Human Trafficking and Anti-Bonded Labour Monitoring Committee operates in Balochistan and monitors the implementation of the laws on the abolition of bonded labour. The Committee notes, from the Government’s report under the Forced Labour Convention, 1930 (No. 29), that: (1) in Khyber Pakhtunkhwa (KPK), DVCs have been established in every district of the province (members are composed of the police department, labour department, social welfare and a representative of the prosecution) and that no bonded labour was identified in 2022; (2) in Punjab, 27 complaints of bonded labour were lodged in DVCs by aggrieved brick kilns workers, all of which were resolved amicably through the DVCs; (3) in Punjab, a PVC was established to monitor the work of DVCs; and (4) in Sindh DVCs were established in every district.

The Committee notes the Government’s indication that in Punjab, 170 First Investigation Reports (FIRs) were registered by the police on the basis of sections 3 and 7 of the Trafficking in Persons Act, 2018, relating to bonded child labour. The Committee notes with regret however that no information is provided on whether the FIRs lead to prosecutions. The Committee notes, from the information provided by the Government, that labour inspections in Balochistan and KPK have not found any case of forced labour or bonded labour in 2022, and that there is no information provided for Sindh, Punjab or the Islamabad Capital Territory (ICT).

The Committee also notes, from the 2023 Report of the National Commission for Human Rights of Pakistan (NCHR) on “The Issue of Bonded Labour in Pakistan”, that: (1) bonded labour is especially prevalent in the rural and agricultural sectors, particularly in the brick kiln sector in Punjab and the tenant farms in Sindh; (2) many brick kilns continue to function without registration, contrary to the Factories Act, 1934, which negatively impacts workers and encourages the misuse and exploitation of the poor; (3) existing laws regarding bonded labour, including the Bonded Labour System (Abolition) Act, 1992, and subsequent provincial legislation, fail to protect labourers due to weak implementation; (4) the primary hope for change lies in the implementation of judicial rulings and the passing of new legislation, particularly with regard to agricultural tenancy rights and brick kilns; and (5) the NCHR formulated detailed recommendations such as the need to improve access to justice for bonded labourers, revising the brick kiln registration process, enhancing the capacities of the DVCs and prohibiting the work of children in brick kilns. With regard to the issue of registration of brick kilns, the Committee takes due note of the Government’s information that, in Sindh, 746 brick kilns have been registered under the Sindh Factories Act, 2015, employing 14,352 workers, and that 16 unions of brick kiln workers have also been registered. In light of this information, the Committee once again requests the Government to intensify its efforts to eliminate child debt bondage, including: (i) through the effective implementation of the laws abolishing bonded labour; (ii) by establishing DVCs in all the provinces and strengthening their capacity as well as the capacity of the law enforcement officials responsible for the monitoring of child bonded labour; and (iii) by continuing its efforts to ensure that all operating brick kilns are registered. The Committee requests the Government to continue to provide information on the measures taken in this regard and on the results achieved, including the number of child bonded labourers identified by the DVCs and other law enforcement officials, the number of violations reported, investigations conducted, prosecutions, convictions and penal sanctions imposed. Finally, the Committee requests the Government to provide information on the measures taken to implement the detailed recommendations of the National Commission for Human Rights in its 2023 report.

Articles 3(d) and 7(2). Hazardous work and effective and time-bound measures. Child domestic workers. The Committee notes with interest the adoption of the ICT Domestic Workers Act, 2021, which: (1) prohibits the engagement children of less than 16 years in domestic work (section 3); (2) prohibits the employment of a domestic worker under the bonded labour system or forced labour system (section 4(a)); and (3) imposes the respect of other child labour laws. The Committee notes the proposed ICT Domestic Workers Amendment Bill, 2022, in which it is proposed that the minimum age for domestic work be raised to 18 years. The Committee further notes with interest that the Balochistan Employment of Children (Prohibition and Regulation) Act, 2021, includes child domestic work in the list of hazardous occupations prohibited to children under the age of 18 years. The Government also indicates that the draft Sindh Domestic Workers Act is under preparation.

The Committee notes, from the Punjab Child Labour Survey, that 1.8 per cent of children aged 5 to 14 years and 2.6 per cent of children aged 15 to 17 years are engaged in domestic work. The Committee further notes with concern, from the ILO Publication Research Brief: Child labour in domestic work in Pakistan (June 2022), that although there are no reliable statistics on child labour in domestic work in the country, a research study undertaken by the ILO determined that one in every four households in Pakistan employs a child in domestic work, predominantly girls, aged 10 to 14 years. The study further determines that children engaged in child labour in domestic work are frequently exposed to hazards including electrical shocks, dust, noise, heat, allergens, etc. Those engaged on a live-in basis are likely to face the most hazards, be called on at any time and work continually with no fixed hours. Finally, the Committee notes the recommendations made, including: (1) articulate a strategic plan or roadmap to eliminate child labour in domestic work; (2) raise awareness of the legislation on domestic work; (3) gather reliable data; and (4) provide rehabilitation services for children and their families. The Committee expresses the firm hope that the Sindh Domestic Workers 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 the KPK province. The Committee further requests the Government take the necessary measures to raise awareness of the newly adopted legislations on domestic work and protect and withdraw child domestic workers from exploitative and hazardous work. It requests the Government to provide information on the results achieved to this end, as well as on the application in practice of these laws, including by indicating the number of cases detected as well as the number of prosecutions, convictions and penalties imposed.

Article 7(2). Effective and time-bound measures. Clauses (a) and (e). Preventing the engagement of children in the worst forms of child labour. Access to free basic education and the special situation of girls. The Committee notes, from the APFTU’s observations, that although the Constitution provides for free and compulsory education for all children, there are not enough schools and too many children. The Committee notes the Government’s indication that in Punjab, it launched the pilot project “Disengaging children from labour and referring to school”, under which 5,000 children will be removed from the worst forms of child labour and reintegrated into school. The Committee also notes, from the 2023 ILO Publication Results from the CLEAR Cotton Project that 1,600 children were withdrawn or prevented from entering child labour through accelerated schooling programmes to eventually reintegrate mainstream schools. It also notes, from the Government’s report to the United Nations Committee on the Rights of the Child (CRC), the various measures taken to improve access to education for all, including: (1) the preparation of a uniform education system for all to ensure equitable access to quality education across the country; (2) the increase of expenditures in the education sector in Balochistan; (3) the launch of the Waseela-e-Taleem Programme, a conditional cash transfer programme for poor families; (4) the adoption and implementation of the Punjab Education Sector Reforms Programme, which aims to provide missing facilities for girls, such as toilets and free textbooks, and offers stipends to girls from grades 6 to 10; (5) in Sindh, the Government provided stipends to 420,000 girls to encourage their education; and (6) Balochistan developed its second Education Sector Reform Plan 2025 and is introducing a school nutrition programme in 132 primary schools in remote areas (CRC/C/PAK/6-7, 3 August 2023 paragraphs 5, 27, 43, 44, 230, 232).

The Committee notes, from the Punjab Child Labour Survey 2019-2020 that 84.6 per cent of children aged 5 to 14 years attend school (86.1 per cent of boys and 82.8 per cent of girls); 9.8 per cent have never attended school (8 per cent of boys and 11.7 per cent of girls). According to the Gilgit-Baltistan Child Labour Survey 2018-2019, 82.3 per cent of children aged 5 to 17 years attend school (87.5 per cent of boys and 76.8 per cent of girls). The Sindh Multiple Indicator Cluster Survey 2018-2019 shows that the net attendance rate of children in primary school is 40.4 per cent (42.6 per cent for boys and 38.1 per cent for girls). The Committee further notes, from the UNICEF Country Office Annual Report 2022, that despite significant improvements in overall school participation, an estimated 22.8 million children aged 5 to 16 years are out of school (representing 44 per cent of children). More girls are out of school than boys at every level. Only 70 per cent of children entering primary school are estimated to reach Grade 5, with considerable provincial differences. The 2022 floods damaged or destroyed 48,259 schools, which resulted in more than 12 million children’s education being interrupted. The Committee notes that the Federal Education Ministry, in cooperation with UNICEF, finalized the Education Cannot Wait Multi-Year Response Plan (2022-2024) which works to ensure improved access to education at all levels, increase the resilience of the infrastructure and provide special support for girls.

While noting certain measures taken by the Government, the Committee must express its concern at the significant number of children, especially girls who are out of school. Recalling that education is key in preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to improve access to free basic education for all children, taking into account the special situation of girls. The Committee requests the Government to continue to provide information on the concrete measures taken in this regard, and to provide statistical information on the results achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates and the number of out-of-school children. To the extent possible, this information should be disaggregated by age and gender.

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