The Government of Pakistan has ratified two International Labour Organization (ILO) Conventions related to child labour: Minimum Age Convention, 1973 (No. 138) and Worst Forms of Child Labour Convention, 1999 (No. 182). Other ILO Conventions, including the Forced Labour Convention (No. 29) and the Abolition of Forced Labour Convention (No. 105), which have been ratified by Pakistan, also apply to children. These conventions aim to protect individuals from all forms of forced labour, including forced or compulsory labour by children.
Minimum Age Convention, 1973 (No. 138)
The ILO Minimum Age Convention, 1973 (No. 138) is a treaty adopted by the International Labour Organization (ILO) that sets the minimum age for admission to employment or work. The Convention was adopted on June 26, 1973, and came into force on June 19, 1976. The convention requires ratifying countries to establish and enforce minimum age limits for employment, taking into account the particular conditions and needs of their economies and the sectors in which young workers are employed. Pakistan ratified this convention on 14 June 1995.
Under the Convention, the minimum age for admission to employment or work is generally set at 15 years, subject to certain exceptions. Developing countries may initially allow employment at the age of 14, although this will be reviewed and adjusted over time. The Convention also requires that young workers be protected from hazardous work, i.e. work that may endanger their health, safety or morals or interfere with their education.
Ratifying countries are required to take measures to ensure that employers do not use false documents to circumvent the minimum age, and provide penalties for violations of the Convention. The Convention also requires ratifying countries to ensure that employed children receive adequate social protection and that measures are taken to prevent and eliminate child labour.
Worst Forms of Child Labour Convention, 1999 (No. 182)
The Worst Forms of Child Labour Convention, 1999 (No. 182) is an International Labour Organization (ILO) Convention adopted on 17 June, 1999, and entered into force on 19 November , 2000. It is a legally binding international agreement that requires ratifying countries to take immediate and effective measures to prohibit and eliminate the worst forms of child labour. Pakistan ratified this convention on 17th July 2001.
The Convention defines the worst forms of child labour as follows:
- All forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage, and serfdom.
- The use, procurement or offering of a child for prostitution, for the production of pornography or for pornographic performances.
- The use, procurement or offering of a child for illicit activities, in particular for the production and trafficking of drugs.
- Work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety, or morals of children.
The Convention requires ratifying countries to take immediate and effective measures to prohibit and eliminate the worst forms of child labour, including:
- Prohibiting and eliminating the worst forms of child labour as a matter of urgency.
- Providing appropriate penalties or sanctions for violations of the prohibition against the worst forms of child labour.
- Providing access to education, vocational training, and other forms of support for children who have been removed from the worst forms of child labour.
- Ensuring that children who are still engaged in work that is likely to harm their health, safety, or morals receive appropriate attention and support.
How Does ILO Monitor the Compliance of ILO Conventions?
The International Labour Organization (ILO) monitors the compliance of member states with ILO conventions through a system of supervision known as the supervisory mechanism. The supervisory mechanism consists of a number of bodies and procedures designed to promote compliance with the principles and standards embodied in the ILO’s international labor standards, including the conventions.
There are two main bodies involved in the supervisory mechanisms:
Committee of Experts on the Application of Conventions and Recommendations
The Committee of Experts is a group of independent experts appointed by the ILO’s Governing Body to examine the reports of member states on the application of conventions and recommendations. The Committee of Experts may also provide guidance on the interpretation of conventions and recommendations and make recommendations to the ILO’s Governing Body and member states.
Conference Committee on the Application of Standards
The Conference Committee is a committee of representatives of member states that meets annually during the ILO’s International Labour Conference to consider the reports of the Committee of Experts and make recommendations to member states on the measures that should be taken to implement conventions and recommendations.
In addition to these bodies, the ILO’s supervisory mechanism also includes procedures for complaint and representation, under which member states, employers’ and workers’ organizations, and other interested parties can bring complaints or representations to the attention of the ILO.
The ILO’s supervisory mechanism is designed to encourage member states to implement ILO conventions and recommendations, to identify areas of non-compliance, and to provide technical assistance to help member states improve their compliance with international labor standards. The system relies on a combination of dialogue, peer pressure, and technical assistance to promote compliance with ILO conventions and recommendations.
ILO Structure in Pakistan
The International Labour Organization (ILO) has a tripartite structure in Pakistan, i.e. it includes representatives of the government, employers and workers. This tripartite structure is designed to promote social dialogue and collaboration among these different groups with the aim of promoting decent work and improving working conditions in Pakistan.
The ILO structure in Pakistan includes the following components:
The ILO Country Office: The ILO Country Office in Pakistan is responsible for implementing ILO programmes and initiatives in the country and providing technical assistance and support to the government, employers and workers.
The Employers’ Federation of Pakistan (EFP): The EFP represents the interests of employers in Pakistan and is responsible for promoting the interests of its members and advocating for policies that support job creation and economic growth.
The Pakistan Workers’ Federation (PWF): The PWF represents the interests of workers in Pakistan and is responsible for promoting the rights and interests of workers, including advocating for better working conditions, wages and social protection.
The Ministry of Overseas Pakistanis and Human Resource Development (OP & HRD): The OP &HRD is the government ministry responsible for labour and employment issues in Pakistan. It works closely with the ILO Country Office, EFP and PWF to promote decent work and improve working conditions in the country.
Examination of International Labour Standards by the Committee of Experts on the Application of Conventions and Recommendations (CEACR)
When examining the application of international labour standards the Committee of Experts makes two kinds of comments: observations and direct requests. Observations contain comments on fundamental questions raised by the application of a particular Convention ratified by a State. These observations are published in the Committee’s annual report. Direct requests relate to more technical questions or requests for further information. They are not published in the report but are communicated directly to the governments concerned. Both direct requests and observations are accessible in NORMLEX.
Direct Request (CEACR) – adopted 2017, published 107th ILC session (2018) on Minimum Age Convention, 1973 (No. 138)
Article 2(3) of the Convention. Age of completion of compulsory education. The Committee previously noted the Committee on the Rights of the Children (CRC) expressed concern that not all provinces have a compulsory education law and, where this legislation exists, it is often not properly enforced. The Committee also noted that article 25A of the Constitution (as amended by the 18th Constitutional Amendment) states that the State shall provide free and compulsory education to all children between the ages of 5–16 years in such manner as may be determined by law. The Committee further noted that, at the workshop on child labour legislative reform held in February 2012, the representatives of the four provinces and the social partners emphasized the importance of synergizing the child labour legislation with the Constitutional provisions on education providing for compulsory education up to 16 years of age.
The Committee notes with interest the Government’s information in its report that the Balochistan Compulsory Education Act 2014, the Punjab Free and Compulsory Education Act 2014, and the Sindh Right of Children to Free and Compulsory Act 2013 provide for free and compulsory education as guaranteed under article 25A of the Constitution for children aged 5–16 years. However, the Compulsory Primary Education Act 1996 remains applicable in Khyber Pakhtunkhwa province, providing for compulsory education at the primary level for children between 5 and 10 years of age. The Committee also notes the Government’s information that the Punjab Government has raised the minimum age for admission to work from 14 to 15 years under the Restriction on Employment of Children Ordinance 2016 (the Punjab Ordinance 2016), which further requires that the employer shall “arrange the hours of work of an adolescent in such manner that the working hours are not in conflict with the timing of educational or vocational institution where the adolescent is enrolled” in its section 5(4)(a).
The Committee once again recalls that, according to Article 2(3) of the Convention, the minimum age established shall not be lower than the age of completion of compulsory education. If the minimum age for admission to work is lower than the school-leaving age, children may be encouraged to leave school, as they are legally permitted to work (see General Survey of on the fundamental Conventions concerning rights at work, 2012, paragraph 370). The Committee therefore requests the Government to provide information on any measures taken to link the minimum age for admission to employment to the age of completion of compulsory schooling, in line with Article 2(3) of the Convention. It also requests that the Government take the necessary measures to ensure that the legislation requiring attendance in compulsory education is adopted in Khyber Pakhtunkhwa province in the near future.
Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee noted that section 3 of the Employment of Children Act 1991 excludes from its scope work in family establishments. The Committee recalled that under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of the Convention limited categories of employment or work in respect of which special and substantial problems of application arise. In this regard, the Committee reminded the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, unless excluded under Article 4(1) of the Convention.
The Committee notes the Government’s information that section 9(3) of the Employment of Children Act 1991 also provides for exceptions in family run establishments, relating to hours and period of work, weekly holidays and notice to inspectors. The Committee further notes that, the new laws enacted in Khyber Pakhtunkhwa and Punjab removed the exception provided under section 3, but not that under section 9(3). Draft laws in the Islamabad Capital Territory (ICT), Balochistan and Sindh also contain similar provisions. The Committee further notes that, the Ministry of Overseas Pakistanis and Human Resource Development will further discuss with the provincial governments and social partners in the Federal Tripartite Consultative Committee whether they wish to avail of the possibility to exclude work in family establishments from the scope of the Convention. The Committee therefore requests that the Government provide information on consultations held with employers’ and workers’ organizations in this regard.
Article 6. Vocational training and apprenticeship. The Committee previously requested that the Government indicate whether the national legislation provides for apprenticeship programmes and, if so, to indicate the minimum age applicable for admission to apprenticeships, recalling that Article 6 of the Convention authorizes work to be carried out by persons who are at least 14 years in enterprises within the context of an apprenticeship programme.
The Committee notes the Government’s information that, the Apprenticeship Ordinance 1962 is the law governing the system of apprenticeship training at the national level. Provincial governments have also provided notification of apprenticeship rules respectively in their jurisdiction.
The minimum age for the admission to apprenticeship varies between 14 years of age (in Sindh) and 15 years of age (in other provinces). The Committee also notes that, the Ministry of Federal Education and Professional Training and the National Vocational and Technical Training Commission (NAVTTC) have prepared a draft amendment to the Apprenticeship Ordinance 1962, raising the minimum age for apprenticeship to 16 years of age.
Article 7. Light work. The Committee previously noted that while the Employment of Children Act 1991 permitted children under 14 to work for up to seven hours a day, there did not appear to be a minimum age for this permitted work. The Committee also noted that the Government did not indicate whether the draft Prohibition of Employment of Children Act contains provisions permitting and regulating light work for children between the ages of 12 and 14. Moreover, the Committee observed that a large number of children under the age of 14 (approximately 3 million children) were economically active. In this regard, the Committee recalled that by virtue of Article 7(1) and (4) of the Convention, national laws or regulations may permit children from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance in school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received.
The Committee notes that the KPK Prohibition of Employment of Child Act 2015 defines light work in section 2 as “work which is not likely to cause harm to health or impede the physical or mental development of a child engaged in such work”. It notes with interest that section 3 further stipulates that a child not below the age of 12 years may be engaged in light work, alongside his family member, for a maximum of two hours per day mainly for the purpose of acquiring skills, in a private undertaking, or in any school established, assisted or recognized by Government for such purpose. The draft Sindh Prohibition of Employment of Children Act 2016 also contains similar provisions. The Committee therefore requests that the Government take the necessary measures to ensure that the draft Sindh Prohibition of
Employment of Children Act is adopted in the near future, and encourages the Government to include provisions regulating light work in the draft Prohibition of Employment of Children Act in other provinces, to ensure that children over the age of 12 who are, in practice, engaged in economic activity, benefit from the protection of the Convention.
Observation (CEACR) – adopted 2017, published 107th ILC session (2018) on Minimum Age Convention, 1973 (No. 138)
The Committee notes the observations of the Pakistan Workers Federation (PWF) received on 19 October 2017. The Committee requests the Government to reply to these comments.
Article 2(1) of the Convention. Minimum age for admission to employment or work. The Committee previously noted 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 also noted that the four provinces had, in coordination with the Federal Government, drafted a Prohibition of Employment of Children Act, which prohibits the employment of children below the age of 14 years, and that these drafts would soon be introduced to the provincial legislative assemblies. The Committee urged the Government to ensure that the Prohibition of Employment of Children Act is adopted in the four provinces.
The Committee notes with interest the Government’s information in its report that, the Khyber Pakhtunkhwa (KPK) Prohibition of Employment of Children Act was adopted in 2015 (KPK Act 2015), specifying the minimum age for admission to work as 14 years, while the Punjab Restriction on Employment of Children Ordinance was adopted in 2016 (Punjab Ordinance 2016), specifying the minimum age as 15 years. The Committee further notes that the Islamabad Capital Territory (ICT), as well as Balochistan and Sindh provinces have also drafted legislation containing similar provisions. Recalling that, at the time of ratification in 2006, Pakistan specified 14 years as the applicable minimum age, the Committee requests that the Government take the necessary measures to ensure that the draft Prohibition of Employment of Children Acts are adopted in the Islamabad Capital Territory, as well as Balochistan and Sindh provinces in the near future. It also requests that the Government provide a copy of the relevant legislation, once adopted.
Article 3(1) and (2). Determination of types of hazardous work. The Committee previously noted that, under the Employment of Children Act 1991, there was no specific age for admission to hazardous work. The Committee also noted the information from ILO–IPEC of October 2012 that, as part of the Combating Abusive Child Labour II Project, preparation of new provincial lists of hazardous child labour would begin. In this regard, the Committee noted the information from the mission report of the tripartite interprovincial workshop, carried out in May 2013 within the ILO technical assistance programme (the Special Programme Account (SPA) project) that the action plans of some of the provinces included undertaking, in 2013, tripartite consultations with a view to revising the hazardous work list.
The Committee notes with satisfaction that, the KPK Act 2015 and the Punjab Ordinance 2016 provide for two lists of types of hazardous work prohibited to young persons under 18 years of age, including occupations related to transport by railway, work inside underground mines and aboveground quarries, work with power driven cutting machines, work exposed to dust or poisonous materials, work at oil and gas fields, and so on. These lists were determined in consultation with the representative workers’ and employers’ organizations and discussed at the level of Provincial Tripartite Consultative Committee. The Committee further notes that, the draft laws from ICT, Balochistan and Sindh also prohibit hazardous work for children below 18 years of age. The Committee therefore requests that the Government take the necessary measures to ensure that the draft laws prohibiting the employment of persons under 18 years of age in hazardous types of work in ICT, Balochistan and Sindh provinces are adopted in the near future. It also requests that the Government take the necessary measures, after consultation with the organizations of employers and workers concerned, to determine the types of hazardous employment or work prohibited to young persons under 18 years of age in ICT, Balochistan and Sindh, in conformity with Article 3(2) of the Convention.
Article 9(1). Penalties and labour inspectorate. The Committee previously noted the International Trade Union Confederation’s (ITUC) indication that persons found guilty of violating child labour legislation were rarely prosecuted and that when prosecution did occur, the fines imposed were usually insignificant. The Committee also noted that the enforcement of child labour legislation was weak due to the lack of inspectors assigned to child labour, lack of training and resources, and corruption, and that the penalties imposed were often too minor to act as a deterrent. The Committee further noted that the provincial labour departments each have training centres for inspectors, and provide training on child labour. Moreover, according to the SPA mission report, the tripartite participants of the workshop indicated that they experienced difficulties in enforcing the legislative provisions relating to child labour, due to, among others, a lack of capacity among labour inspectors, and that there was a need for the more effective application of penalties for child labour related violations.
The Committee notes the Government’s information that, according to new laws in KPK and Punjab provinces on the prohibition of employment of children, the maximum fines have been increased from Pakistani rupee (PKR) 20,000 to PKR50,000 (approximately US$190 to $475). Moreover, fines provided in the Punjab Prohibition of Child Labour at Brick Kilns Act 2016 range from PKR50,000 to PKR500,000 (approximately $475 to $4,750). The Committee further notes the Government’s information that the Federal Ministry of Overseas Pakistanis and Human Resource Development (OP&HRD) has worked on a framework document for the revitalization and restructuring of the labour inspection system. Reforms recommended under this framework document are being followed under the Programme of Strengthening Labour Inspection System for Promoting Labour Standards and Ensuring Workplace Compliance in Pakistan, supported by the ILO country office. The Committee also notes that, in Punjab province, provisions related to the labour inspection in the Punjab Ordinance 2016 replaced those in the Employment of Children Act 1991. The Committee further notes the Government’s information regarding Punjab province that, in 2014, 133,973 inspections were conducted, 790 children were detected in child labour, and 536 convictions were handed out, out of 790 prosecutions, involving PKR218,550 fines (approximately $2,076); while in 2015, 153,418 inspections were conducted, 1,446 children were detected in child labour, and 448 convictions were handed out, out of 1,446 prosecutions, involving PKR505,600 fines (approximately $4,805). Moreover, the Committee notes that, in its concluding observations of 11 July 2016, the Committee on the Rights of the Child (CRC) remains concerned about the inadequate number of sufficiently trained inspectors, their vulnerability to corruption and a lack of resources to inspect workplaces (CRC/C/PAK/05, paragraph 71). The Committee notes that the fines assessed do not appear to be sufficiently effective and dissuasive. The Committee therefore requests that the Government continue its efforts to strengthen the capacity of the labour inspectorate, and to continue providing information on the number and nature of violations relating to the employment of children detected by the labour inspectorate. The Committee also requests that the Government continue to strengthen its measures to ensure that persons who violate the abovementioned laws are prosecuted and that sufficiently effective and dissuasive penalties are imposed. The Committee requests the Government to provide information on the implementation of these laws in practice, including the number and nature of violations detected and the penalties imposed in this regard.
Application of the Convention in practice. The Committee previously noted that, the second National Child Labour Survey was planned under the Combating Abusive Child Labour II project, in consultation with the Federal Bureau of Statistics. However, the Committee noted the information, from ILO–IPEC of September 2012, that the survey was subsequently cancelled.
The Committee notes the Government’s indication that, with the assistance of UNICEF, child labour surveys are being organized in the provinces. The Punjab Government has started its provincial level survey in collaboration with the Board of Statistics, which will be completed by May 2017. Sindh and KPK provinces also included relevant schemes in their respective annual development programs for conducting child labour surveys during the current fiscal year (2016–17). Balochistan is planning to hold a child labour survey in the coming years. Moreover, the International Labour Standards Unit in the Ministry of OP&HRD created the first detailed national profile on child labour and children in employment using the ILO Global Estimation Methodology on Child Labour, and published the report “Understanding Children’s Work in Pakistan: An Insight into Child Labour Data (2010–15) and Legal Framework” with the support of the ILO. According to the report, the number of children of 10–17 years of age engaged in child labour has decreased from 4.04 million in 2010–11 to 3.70 million in 2014–15, of which 2.067 million (55 per cent) are in the 10–14 years range. While taking due note of the decrease in the number of children engaged in child labour, the Committee must express its concern at the high number of children still working under the minimum age. The Committee therefore urges the Government to strengthen its efforts to prevent and eliminate child labour, including through continued cooperation with the ILO, and to provide information on the results achieved. The Committee also requests the Government to provide the results of the child labour surveys at the provincial levels once available.
The Committee is raising other points in a request addressed directly to the Government.
Direct Request (CEACR) – adopted 2017, published 107th ILC session (2018) on Worst Forms of Child Labour Convention, 1999 (No. 182)
Articles 3(a) and 5 of the Convention. Debt bondage and monitoring mechanisms. The Committee previously noted that the Bonded Labour System (Abolition) Act (BLSA) 1992 abolished bonded labour, but it remained ineffective in practice as officials had not yet been able to secure a conviction under this Act. The Committee also noted that district vigilance committees (DVCs) were constituted to monitor the implementation of the BLSA, with meetings being held regularly in most districts and that district complaint cells were also working under the DVCs. The Government also indicated 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 was rigorously pursuing efforts to enforce this decision.
The Committee notes the Government’s information in its report that, the BLSA is still applicable in Islamabad Capital Territory (ICT), Balochistan and Punjab. DVCs are now operational throughout the province of Punjab and 93 meetings were held during the last six months (May–November 2016). However, Khyber Pakhtunkhwa (KPK) and Sindh provinces have recently enacted provincial legislation on bonded labour (KPK Bonded Labour System Abolition Act 2015 and Sindh Bonded Labour System Abolition Act 2015). DVCs will be re established in accordance with the rules framed under the new legislation. Recalling that child bonded labour is one of the worst forms of child labour, the Committee once again requests the Government to continue its efforts to eliminate child debt bondage and to strengthen the capacity of DVCs and law enforcement officials responsible for the monitoring of bonded labour. The Committee also requests the Government to provide information on the operation of the DVCs in ICT, Balochistan and Punjab, and on the re-establishment of monitoring bodies under the new legislation in KPK and Sindh.
Article 3(b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted the absence of provisions in the national legislation prohibiting the use, procuring or offering of a child for the production of pornography or for pornographic performances.
The Committee notes the Government’s information that, the Criminal Law (Second Amendment) Act 2016 has been passed by the Parliament which makes amendments in the Pakistan Penal Code 1860 (PPC) and the Code of Criminal Procedure, 1898 (CrPC) by incorporating serious offences against children, such as child pornography, exposure to seduction, sexual abuse, cruelty to a child and trafficking in human beings. The Committee notes with interest that section 292B of the amended PPC explicitly prohibits child pornography, referring to any production of obscene or sexually explicit conduct by any means involving a child. Moreover, section 292C provides for penalties of imprisonment which may extend to seven years and for fines which shall not be less than 200,000 Pakistani rupees (PKR) (approximately US$1,900), and may extend to PKR700,000 (approximately $6,600). The Committee therefore requests the Government to provide information on the application of section 292B&C in practice, including the number of investigations, prosecutions, convictions and penalties imposed.
Article 6. Programme of action. Child bonded labour. The Committee previously noted 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 were provided to bonded labourers in KPK, Punjab, Balochistan and Sindh Provinces, and 75 houses were constructed for the families of ex-bonded labourers in Sindh.
The Committee notes the Government’s information that the Punjab Government has initiated an integrated “Elimination of child and bonded labour” project for the promotion of decent work for vulnerable workers in all 36 districts, with a focus on child labour and bonded labour at brick kilns, along with the rehabilitation of freed labourers for their economic empowerment. The first phase of the project covers ten districts, aimed at rehabilitating 375,000 children through non-formal basic education and skills development, providing economic empowerment to 100,000 families of child labourers, amending and improving legislation relating to child labour, and enhancing the capacity of the inspection staff of provincial labour departments. The Punjab Government is also carrying out a pilot project in four districts (Chakwal, Jehlum, Jhong and Layyah), which focuses on the improvement of access to social services for children engaged in hazardous work and their families, including the provision of education, health services and skills training. The Committee also notes that the Balochistan Government is executing a project for combating the worst forms of child labour, while the KPK Government has adopted a development scheme providing for the establishment of a child and bonded labour unit in the labour department. Moreover, the federal government, in collaboration with the ILO, is currently working on a National Strategy to Eliminate Child and Bonded Labour. The Committee therefore requests the Government to continue its efforts to combat child bonded labour, and to provide information on the implementation of the abovementioned projects, including the number of children removed from bonded labour and provided assistance, disaggregated by age and gender. The Committee also requests the Government to take the necessary measures to ensure that the National Strategy to Eliminate Child and Bonded Labour is adopted in the near future, and to provide a copy once adopted.
Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for victims. 1. Children working in hazardous work brick kilns. The Committee previously noted the large number of children 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. The Committee noted the Government’s statement that the provincial government of Punjab had launched a project to eradicate child labour in the brick kiln industry.
The Committee notes the Government’s indication that, in January 2016, Punjab province adopted the Prohibition of Child Labour at Brick Kilns Ordinance (now the Act), which prohibits the employment of children under 14 years of age in brick kilns and determines district coordination officers and police officers as inspectors. Since the promulgation of the Act, 8,926 inspections were carried out, 773 children were found in child labour, 220 kilns were sealed, 788 owners and occupiers were arrested, and 269 convictions were handed. Punjab has also created an online portal providing complete information on the number of operational brick kilns, including the number of families working in these kilns, information on children, as well as on the number of inspections conducted and prosecutions lodged. The Ministry of Overseas Pakistanis and Human Resource Development is urging the other provinces to enact necessary legislation and take proactive action in this regard.
The Committee further notes that the Punjab Government has also developed a scheme of assistance for children living and working in brick kilns. The package includes the provision of free uniforms, books, bags and shoes, an allowance of PKR2,000 (approximately US$20) per family upon the enrolment of their children in schools, and a monthly stipend of PKR1,000 (approximately $10) per student on maintaining the attendance. These amounts are distributed to the parents of kiln children through Khidmat cards which are issued by the Punjab Social Protection Authority. The Punjab Government has so far disbursed PKR85.45 million and issued Khidmat cards to 28,486 children working in brick kilns. While welcoming the measures undertaken by the Punjab Government to eliminate child labour in brick kilns, the Committee requests the Government to pursue its efforts to protect children under 18 years of age engaged in the brick kiln sector from hazardous work and forced labour, and 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 also requests the Government to provide information on the progress made in other provinces in this regard.
2. Children working in carpet weaving, tanneries, 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 continue to work in this industry and suffered eye and lung diseases due to unsafe working conditions. The Committee also noted that a national project targeting those children could not go ahead due to the lack of funds. The Committee further noted that, according to the rapid assessment studies of bonded labour in different sectors in Pakistan, the glass bangle making 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.
The Committee notes the Government’s information that the Employment of Children Act 1991, the newly enacted laws in KPK and Punjab, as well as the draft laws in ICT, Balochistan and Sindh prohibit the employment of children in carpet weaving, tanneries and the glass bangle industry. Noting an absence of information regarding other measures taken to address child labour in carpet weaving, tanneries and glass bangle industry, the Committee 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.
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 also noted the Government’s statement that Provincial Child Protection Bureaux were working to address the issue of child domestic workers, and that complaints cells were operational in Ombudsmen offices at the federal and provincial levels.
The Committee notes the Government’s information that the Domestic Workers (Employment Rights) Bill has been submitted to the Senate and is under review. The Bill is only applicable to the Islamabad Capital Territory (ICT); however, once adopted, it can serve as a model law which would enable the provincial governments to adopt related legislation and apply them at the provincial level. The Bill provides 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. The Bill also introduces the minimum age of 18 years for live-in domestic workers. The Committee also notes that the Government of Punjab has recently approved its Domestic Workers Policy and will regulate it soon in the province. The Committee therefore requests the Government to take the necessary measures to ensure that the Domestic Workers (Employment Rights) Bill and related legislation at the provincial level are adopted in the near future. The Committee also 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.
2. Street children. The Committee previously noted the increasing number of street children and the lack of a systematic and comprehensive strategy to protect them. However, it also noted the establishment of centres for the rehabilitation of street children and other vulnerable groups in the provinces of Punjab, Sindh and KPK. The Committee further noted the Government’s statement that the provincial child protection bureaux were working to tackle the issue of street children. It indicated that these bureaux have their own schools with residential facilities.
The Committee notes the Government’s information that the KPK Government has established a special centre for street children (Zamung Kor-Our Home) on 20 November 2015, which has the capacity of housing 1,000 children. The Centre provides street children with education, health, recreation, sports, boarding, food, career, psychological counselling and other necessary facilities. However, the Committee notes, from the concluding observations of the Committee on the Rights of the Child (CRC) of 11 July 2016, that children living or working on the streets, or whose parents are in conflict with the law, are often dealt with by the police rather than trained staff in child protection centres (CRC/C/PAK/CO/5, paragraph 73). Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to strengthen its efforts to protect these children. It also requests the Government to provide information on the specific measures undertaken and the results achieved in this regard, particularly the number of street children benefiting from shelter and other rehabilitative services.
Article 8. International cooperation and assistance. 1. Regional cooperation. Trafficking. The Committee previously noted the Government’s participation in several regional initiatives to combat trafficking, and that it was working with the International Organization for Migration (IOM) to conduct a counter-trafficking programme to create 18 district task forces to combat human trafficking. The IOM was also supporting the establishment of a dialogue on migration management within South-West Asia. The Committee also noted that negotiations were under way with the Governments of Afghanistan and the Islamic Republic of Iran on this subject with the coordination of the IOM. It also noted that the Government was collaborating with the United Nations Office on Drugs and Crime (UNODC) on measures to combat trafficking in persons.
The Committee notes the absence of information in the Government’s report in this regard. However, the Committee also notes that, the UNODC is implementing a project aimed at strengthening responses against human trafficking and migrant smuggling for the period of 2016–19. The Committee encourages the Government to pursue and strengthen its regional cooperation efforts to combat the trafficking of persons under 18 years of age, including through the establishment of bilateral agreements and projects coordinated by the UN agencies. It requests the Government to provide information on the progress achieved in this regard.
3. Poverty reduction. The Committee previously noted the Government’s statement identifying increasing poverty as the main cause of child labour and child trafficking. The Committee further noted that the ILO had provided inputs to the Poverty Reduction Strategy Paper II (PSRP-II), highlighting the need for recognizing child labour as a key priority area of concern in the entire poverty reduction endeavour. According to the information contained in the Midyear Finance Report of the PRSP-II, funding had been allocated to the National Centre for Rehabilitation of Child Labour as well as to provide microcredit support to families and to support vocational training for adolescents.
The Committee notes, from the Annual PRSP Progress Report for Fiscal Year 2014–15, that the Child Support Programme, the National Centre for Rehabilitation of Child Labour and the Vocational/Dastkari schools saw a growth in disbursement, but a decrease in the number of beneficiaries. The Committee also notes, from the Pakistan Country Development Landscape 2014 by the World Bank, that Pakistan has made impressive progress in reducing absolute poverty during the last two decades. According to the World Bank Poverty and Equity Data, the poverty headcount ratio of people living below the national poverty line has fallen from 64.3 per cent in 2001 to 29.5 per cent in 2013, while the headcount ratio of people living on less than $1.90 a day (international standards) has fallen from 28.7 per cent in 2001 to 6.1 per cent in 2015. Considering that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee welcomes the results achieved in poverty reduction and requests the Government to continue to provide information on the impact of measures taken within the framework of the PRSP-II on the elimination of the worst forms of child labour.
Observation (CEACR) – adopted 2017, published 107th ILC session (2018) on Worst Forms of Child Labour Convention, 1999 (No. 182)
The Committee notes the observations of the Pakistan Workers Federation (PWF) received on 19 October 2017. The Committee requests the Government to provide its reply to these observations.
Article 3(a) of the Convention. Worst forms of child labour. Compulsory recruitment of children for use in armed conflict. The Committee previously noted that terrorist activity had been minimized following military operations in the affected regions of the country, and that the recruitment of children for terrorist activities had been reduced. The Government also indicated that an awareness-raising campaign was carried out by law enforcement agencies in cooperation with religious leaders on the offence of recruiting children for armed conflicts, with positive results. The Committee also noted from the information contained in the report of the UN Secretary-General on children and armed conflict 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 indicated that a rehabilitation and reintegration programme in Malakland for children taken into custody by the Pakistan security forces due to alleged association with armed groups, received 29 new cases in 2011.
The Committee notes the Government’s information that in its report it is making utmost efforts to prevent the use of children by terrorist and extremist groups. Punitive action is being taken against those who use children for terrorist activities. The Government also indicates, 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 formation of private military organisations 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 notes that the CRC expressed its grave concern in its concluding observations of 11 July 2016 that children continue to be targeted for recruitment and training by armed groups for military activities, which include suicide bombing and detonating landmines, and are transferred to the front lines of conflict areas. The CRC states that insufficient measures have been taken by the Government to prevent such recruitment (CRC/C/PAK/CO/5, paragraph 69). The Committee must express its deep concern at the situation of children affected by the armed groups in Pakistan. The Committee therefore urges 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. It urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and that sufficiently effective and dissuasive penalties are imposed.
Articles 3(a) and 7(2)(b). 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. The Committee noted the Government’s statement that the Federal Investigating Agency (FIA) in Pakistan is responsible for the implementation of the PCHTO. The Committee also took note of the Anti-Human Trafficking report provided with the Government’s report, which indicated that until 31 October 2009, 235 child victims of trafficking had been identified (95 boys and 140 girls). This report indicated that 21,735 cases against traffickers were registered, which resulted in 3,371 convictions, as well as 147 disciplinary cases against law enforcement officers for complicity.
The Committee notes the Government’s information that the Criminal Law (Second Amendment) Act 2016 has been adopted, which adds section 369A to the Penal Code providing for imprisonment of five to seven years, or a fine from 500,000 Pakistani Rupee (PKR) to PKR700,000, or both, for the trafficking of human beings. The Committee notes, from the Government’s written replies to the list of issues in relation to the fifth periodic report to the CRC of 11 April 2016, that during the reporting period (from 2009 onwards), 1,679 persons allegedly involved in human trafficking cases were arrested by the FIA (CRC/C/PAK/Q/5/Add.1, paragraph 62). However, the Committee notes that the CRC expressed its concern, in its concluding observations on the fifth periodic report of 11 July 2016, that Pakistan remains 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). The Committee also notes from the Global Report on Trafficking in Persons 2016 of UNODC that, from January to September 2015, 287 child victims of internal trafficking were identified; while in 2013 and 2014, 402 and 571 child victims were identified respectively. However, no child victims were identified in cross-border trafficking offences from January 2012 to September 2015. The Committee therefore urges the Government to strengthen its efforts to combat and eliminate trafficking in children, and to provide information on the measures taken in this regard, particularly the number of persons convicted and sentenced for cases involving victims under the age of 18. The Committee also urges the Government to take the necessary measures to strengthen the procedures for identifying child victims of trafficking and to ensure that these children are referred to the appropriate services for the purposes of rehabilitation and social integration. It further requests the Government to provide information on the concrete measures taken in this regard and the results achieved, including the number of children reached through the measures taken.
Articles 3(d) and 4(1). Hazardous work. With regard to the adoption of the list of hazardous work, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).
Article 7(2)(a) and (e). Effective and time-bound measures. Preventing the engagement of children in the worst forms of child labour. Access to free basic education and special situation of girls. The Committee previously noted that, under the Education Sector Reform Programme, the provinces were taking measures, including to increase the availability of schools in rural areas, to provide free text books, recruit teachers and focus on female education. However, the Committee also noted the information in the report prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review of 13 August 2012, that as many as 7.3 million primary school-age children (57 per cent of which were girls) were out of school (A/HRC/WG.6/14/PAK/2, paragraph 57). It also noted the information contained in United Nations Educational, Scientific and Cultural Organization (UNESCO) 2012 “Global Monitoring Report – Education for All” that, while Pakistan had the second largest number of out-of-school children in the world, it continued to reduce education spending.
The Committee notes the absence of information on this topic in the Government’s report. However, the Committee notes that the CRC, in its concluding observations of 11 July 2016 (CRC/C/PAK/CO/5, paragraph 61), expressed its concern at the absence of a compulsory education law in Khyber Pakhtunkhwa (KPK) province and the Gilgit-Baltistan autonomous administrative territory, and the poor enforcement of education laws in provinces where they do exist. Moreover, a large number of children (47.3 per cent of all children aged 5 to 16 years) were not enrolled in formal education, of which the majority have never attended school. In addition, the dropout rate for girls is reportedly as high as 50 per cent in Balochistan and KPK and 77 per cent in the Federal Administered Tribal Areas. The Committee must express its deep concern at the low enrolment rates in formal education and the high drop-out rates among girls. Considering that free basic education is one of the most effective means of preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble 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 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.
Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s statement that ILO–IPEC undertook consultations with the Federal Bureau of Statistics with a view to carrying out a National Survey on Child Labour. However, the Committee notes the information from ILO–IPEC of September 2012 according to which agreement on a methodology for the survey was not possible, and that the survey was therefore cancelled.
The Committee notes the Government’s indication that, with the assistance of UNICEF, child labour surveys are being organized in provinces. The Committee also notes that, the International Labour Standards Unit in the Ministry of Overseas Pakistanis and Human Resources Development and created the first detailed national profile on child labour and children in employment, based on the available information from the Labour Force Survey, published from 2010 onwards, using the ILO Global Estimation Methodology on Child Labour. According to this national profile, 3.7 million children are engaged in child labour, of which 2.067 million (55 per cent) are in the 10–14 year age group, while the remaining 1.641 million (45 per cent) are in the 15–17 year age group and engaged in hazardous work. Among the children aged 15–17 years engaged in hazardous work, 89 per cent (1.47 million) are boys. The Committee expresses its deep concern at the high number of children engaged in hazardous work in Pakistan. The Committee therefore urges the Government to intensify its efforts to eliminate the worst forms of child labour, particularly hazardous types of work, and requests it to continue providing information on any progress made in this respect and on the results achieved. The Committee also requests the Government to continue to provide information regarding the child labour surveys organized in the provinces, as well as any additional available information on the nature, extent and trends of the worst forms of child labour, and the number of children protected by measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by age and gender, and nature of the work performed.
The Committee is raising other points in a request addressed directly to the Government.
Direct Request (CEACR) – adopted 2019, published 109th ILC session (2021)on Minimum Age Convention, 1973 (No. 138)
Article 2(3) of the Convention. Age of completion of compulsory education. The Committee previously noted that according to article 25A of the Constitution (as amended by the 18th Constitutional Amendment) the State shall provide free and compulsory education to all children between the ages of 5 and 16 years in such manner as may be determined by law. It also noted that the Balochistan Compulsory Education Act 2014, the Punjab Free and Compulsory Education Act 2014, and the Sindh Right of Children to Free and Compulsory Education Act 2013 provided for free and compulsory education as guaranteed under article 25A of the Constitution for children aged 5–16 years. However, the Compulsory Primary Education Act 1996 remained applicable in Khyber Pakhtunkhwa province, providing for compulsory education at the primary level for children between 5 and 10 years of age. The Committee requested the Government to take the necessary measures to ensure that the legislation requiring attendance in compulsory education is adopted in Khyber Pakhtunkhwa province in the near future.
The Committee notes with interest the Government’s information that the Khyber Pakhtunkhwa Free Compulsory Primary and Secondary Education Act which provides for free and compulsory primary and secondary education to all children from the age of 5–16 years was adopted in April 2017.
The Committee observes that the four provinces and the Islamabad Capital Territory (ICT) have enacted laws providing for free and compulsory education until the age of 16 years. In this regard, the Committee recalls that the minimum age for admission to employment or work specified by Pakistan at the time of ratification was 14 years. While taking due note of the progress made, the Committee reminds the Government that pursuant to Article 2(3) of the Convention, the minimum age specified should not be less than the age of completion of compulsory schooling. Furthermore, the Committee emphasizes the importance of linking the age of school completion with the minimum age for admission to work or employment. If the minimum age for admission to work (14 years of age) is lower than the age of completion of school (16 years of age), children may be encouraged to leave school as children required to attend school may also be legally authorized to work (see General Survey of 2012 on the fundamental Conventions concerning rights at work, paragraph 370). The Committee therefore requests the Government to take the necessary measures to raise the minimum age for admission to employment from 14 to 16 years, in order to link this age with the age of completion of compulsory schooling, in conformity with Article 2(3) of the Convention.
Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee noted that section 3 of the Employment of Children Act 1991 excludes from its scope, work in family establishments and section 9(3) provides for exceptions in family-run establishments, relating to hours and period of work, weekly holidays and notice to inspectors. The Committee also noted that, the new laws enacted in Khyber Pakhtunkhwa and Punjab removed the exception provided for under section 3, but not that under section 9(3). Draft laws in the ICT, Balochistan and Sindh also contain similar provisions. The Committee further noted the Government’s information that the Ministry of Overseas Pakistanis and Human Resource Development would further discuss with the provincial governments and the social partners whether they wished to avail of the possibility to exclude work in family-run establishments from the scope of the Convention pursuant to Article 4(1) of the Convention.
The Committee once again notes the Government’s indication that further information on this subject will be provided after consultation with the Federal and Provincial Tripartite Consultative Committee. The Committee therefore requests the Government to provide information on consultations held in this regard.
Article 7. Light work. The Committee previously observed that a large number of children under the age of 14 (approximately 3 million children) were economically active. It noted that while the Employment of Children Act 1991 permitted children under 14 to work for up to seven hours a day, there did not appear to be a lower minimum age for this permitted work. It also noted that the Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015 (KPK Act 2015) provides for a definition of light work and regulates light work activities of children from the age of 12 years. Noting the Government’s information that the draft Sindh Prohibition of Employment of Children Act 2016 contains provisions regulating light work for children of 12 years of age, the Committee requested the Government to take the necessary measures to ensure the adoption of this draft law. It also encouraged the Government to include provisions regulating light work in the draft Prohibition of Employment of Children Act in other provinces, to ensure that children over the age of 12 who are in practice, engaged in economic activity, benefit from the protection of the Convention.
The Committee notes the Government’s indication that the Sindh Prohibition of Employment of Children Act 2017 defines light work as defined in the KPK Act of 2015. The Government also indicates that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 and the proposed amendments to the Employment of Children Act, 1991 by the ICT administration have incorporated provisions regulating light work. Moreover, discussions are ongoing at the tripartite forums in the province of Punjab on incorporating the definition of “light work” in the Punjab Restriction on Employment of Children Ordinance, 2016.
The Committee observes that while section 2 of the Sindh Prohibition of Employment of Children Act 2017 provides for a definition of “light work”, there appears to be no provisions establishing a minimum age for light work or regulating the hours and conditions of work by children of 12 years of age in light work activities. The Committee therefore requests the Government to indicate the measures taken or envisaged by the Government of Sindh to include within the Sindh Prohibition of Employment of Children Act 2017 provisions establishing a lower minimum age of 12 years for light work activities and regulating the hours and conditions of such work. It also requests the Government to take the necessary measures to ensure that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 and amendments to the Employment of Children Act, 1991 which contain provisions defining and regulating light work activities by children from the age of 12 years are adopted in the near future. It further expresses the firm hope that the Government of Punjab will take the necessary measures to incorporate similar provisions on light work in the Punjab Restriction on Employment of Children Ordinance, 2016. The Committee requests the Government to provide information on any progress made in this regard.
Observation (CEACR) – adopted 2019, published 109th ILC session (2021) Minimum Age Convention, 1973 (No. 138)
Article 2(1) of the Convention. Minimum age for admission to employment or work. The Committee previously noted the Government’s statement that, following the 18th Constitutional Amendment, the power to legislate on labour matters had been transferred to the provinces. Accordingly, it noted that the Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015 (KPK Act 2015) and the Punjab Restriction on Employment of Children Ordinance, 2016 (Punjab Ordinance 2016) contained provisions specifying a minimum age of 14 and 15 years for admission to employment or work, respectively. Noting that the Islamabad Capital Territory (ICT), as well as Balochistan and Sindh provinces had also drafted legislation containing similar provisions, the Committee requested the Government to take the necessary measures to ensure the adoption of the draft laws in the near future.
The Committee notes with interest the Government’s information in its report that the Sindh Prohibition of Employment of Children Act which was adopted in 2017 establishes a minimum age of 14 years for admission to employment or work (section 3(1)). The Government also indicates that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 is under the process of being presented to the Cabinet while the ICT administration is making efforts to revise the provisions of the Employment of Children Act, 1991 with the ILO’s support. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 and the revised Employment of Children Act, 1991 of ICT which establishes a minimum age of 14 years for admission to employment or work will be adopted without delay. It requests the Government to provide information on any progress made in this regard.
Article 3(1) and (2). Hazardous work and determination of types of hazardous work. In its previous comments the Committee noted that the KPK Act 2015 and the Punjab Ordinance 2016 provided for two lists of types of hazardous work prohibited to young persons under 18 years of age. It noted that the draft laws from ICT, Balochistan and Sindh also prohibit hazardous work for children below 18 years of age. The Committee requested the Government to take the necessary measures to ensure that the draft laws prohibiting the employment of persons under 18 years of age in hazardous types of work in ICT, Balochistan and Sindh provinces are adopted in the near future, after consultation with the organizations of employers and workers concerned.
The Committee notes with satisfaction that section 3(2) of the Sindh Prohibition of Employment of Children Act 2017, prohibits the employment of adolescents in 38 hazardous occupations and activities listed in its schedule. The Committee further notes the Government’s indication that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 has also updated the list of hazardous occupations and processes prohibited to young persons and the ICT administration is in the process of adopting laws prohibiting hazardous types of work by young persons under the age of 18 years. The Committee once again requests the Government to take the necessary measures to ensure that the Balochistan Employment of Children (Prohibition and Regulation) Bill of 2019 and the draft laws of ICT which contain provisions prohibiting the employment of young persons under the age of 18 years in hazardous types of work and occupations are adopted in the near future. It requests the Government to provide information on any progress made in this regard.
Article 9(1). Penalties and labour inspectorate. The Committee previously noted that the enforcement of child labour legislation was weak due to the lack of inspectors assigned to child labour, lack of training and resources, and corruption, and that the penalties imposed were often too minor to act as a deterrent. In this regard, the Committee noted the Government’s information that the new laws in Khyber Pakhtunkhwa (KPK) and Punjab provinces on the prohibition of employment of children as well as the Punjab Prohibition of Child Labour at Brick Kilns Act 2016 increased the fines for the violation of their provisions. It further noted the Government’s information that reforms of the labour inspection system was being carried out under the Strengthening Labour Inspection System Programme in Pakistan (SLISP) with the support from the ILO country office. The Committee requested the Government to continue its efforts to strengthen the capacity of the labour inspectorate, and to continue providing information on the number and nature of violations relating to the employment of children detected by the labour inspectorate.
The Committee notes the observations made by the Pakistan Workers Federation (PWF) in October 2017 that the incidence of child labour has increased even in the formal sector due to the abolition of the labour inspection system, the imposition of restrictions on inspections or due to the inspections being conditioned on the employer’s permission.
The Committee notes the Government’s information that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 and the ICT draft laws on child labour have increased the maximum fines for violations of the child labour provisions. It also notes the Government’s information regarding the application of the KPK Act of 2015 that, in 2017, 3,367 inspections were conducted, 23 convictions were handed out, out of 36 prosecutions, involving 21,921 Pakistani rupees (PKR) in fines (approximately US$142); while in 2018, 8,367 inspections were conducted, and 95 convictions were handed out, out of 213 prosecutions, involving PKR134,000 in fines (approximately $863). The Committee observes that the fines imposed are very low and do not appear to be sufficiently effective and dissuasive.
The Committee further notes from the Government’s report under the Labour Inspection Convention, 1947 (No. 81) on the various measures taken within the framework of SLISP to strengthen and improve the capacity of the provincial labour inspectors. According to this information, trainings were provided: to 121 labour inspectors in Punjab on effective monitoring; to 29 labour inspectors in Sindh on risk assessment and accident investigation; and to 40 labour inspectors in Sindh on occupational health and safety in the construction sector. Moreover, a labour inspection profile has been developed and will be finalized by the end of 2019. The Government also indicates that efforts are being made by the provincial governments to increase the annual budget for labour inspection services and for material resources and transport and travel allowances for labour inspectors. The Committee requests the Government to continue its efforts to strengthen the capacity of the labour inspectorate, and to continue providing information on the number and nature of violations detected and penalties imposed relating to the employment of children. It also requests the Government to continue to strengthen its measures to ensure that persons who violate the above-mentioned laws are prosecuted and that sufficiently effective and dissuasive penalties are imposed.
Application of the Convention in practice. The Committee previously noted the Government’s indication that, with the assistance of UNICEF, the governments of Punjab, Sindh, KPK and Balochistan had initiated measures to carry out child labour surveys in their respective provinces. The Committee also noted from the report Understanding Children’s Work in Pakistan: An Insight into Child Labour Data (2010–15) and Legal Framework that the number of children of 10–17 years of age engaged in child labour had decreased from 4.04 million in 2010–11 to 3.7 million in 2014–15, of which 2.067 million (55 per cent) were in the 10–14 years age group. The Committee urged the Government to strengthen its efforts to prevent and eliminate child labour, and to provide the results of the child labour surveys at the provincial levels once available.
The Committee notes the observations made by the PWF that in Pakistan no dedicated child labour survey has been carried out since 1996. However, all reliable evidence indicates that the incidence of child labour, though showing a decline in recent years, is still considerably high. Child labour is rampant in the agricultural sector, factories, textile, garments, carpet and industrial units, brick kilns, hotels and restaurants, auto workshops and in mines and quarries.
The Committee notes the Government’s information that the government of KPK has paid special attention to prevent and eliminate child labour from the province. An exclusive unit on child labour has been established with the Directorate of Labour. It also notes the Government’s statement that regular inspections at industrial establishments have gradually led to the complete elimination of child labour from this sector and efforts are being continued to do likewise in the commercial establishments.
Furthermore, the Khyber Pakhtunkhwa Child Labour Policy 2018 and the KPK Act of 2015 are a milestone to eliminate child labour from the province. The Government also indicates that the implementation of the Sindh Labour Policy of 2017 and the new laws on child labour will result in the elimination of child labour in the province. The Government further indicates that the child labour survey is ongoing in the provinces of KPK, Sindh and ICT while the project is in the pipeline in Balochistan. The Committee finally notes the Government’s statement in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that a comprehensive system is being formulated to eliminate child labour from the country through awareness-raising programmes in the society and the reshaping of the political, economic and social systems of the country and by taking such measures that make child labour a crime.
Furthermore, the Khyber Pakhtunkhwa Child Labour Policy 2018 and the KPK Act of 2015 are a milestone to eliminate child labour from the province. The Government also indicates that the implementation of the Sindh Labour Policy of 2017 and the new laws on child labour will result in the elimination of child labour in the province. The Government further indicates that the child labour survey is ongoing in the provinces of KPK, Sindh and ICT while the project is in the pipeline in Balochistan. The Committee finally notes the Government’s statement in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that a comprehensive system is being formulated to eliminate child labour from the country through awareness-raising programmes in the society and the reshaping of the political, economic and social systems of the country and by taking such measures that make child labour a crime.
The Committee notes that according to the Punjab Multiple Indicator Cluster Survey (MICS) findings Report, 2017–18, 13.4 per cent of children aged between 5 and 17 years are engaged in child labour with 10.3 per cent of them involved in hazardous work. Furthermore, the MICS report of 2016–17 of the KPK indicates that over 14 per cent of children of 5–17 years are involved in child labour, of which 12.3 per cent are working in hazardous conditions. The Committee further notes that according to the UNICEF report on the Situation Analysis of Children in Pakistan, 2017, there is a high prevalence of child labour in Pakistan coupled with low rates of school participation. The persistence of child labour has multi layered roots such as poverty, lack of decent work for adults, need for strengthened social protection and the lack of a system that can ensure that all children attend school rather than engaging in economic activities.
The Committee finally notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of July 2017, expressed concern that over 2 million children aged between 10 and 14 years are working and that 28 per cent of them are engaged in hazardous work, including in agriculture, brick kilns, coal mining, on the streets and in domestic settings (E/C.12/PAK/CO/1, paragraph 63). While taking due note of the measures taken by the Government, the Committee must express its deep concern at the significant number of children under the minimum age who are engaged in child labour, including in hazardous work. The Committee therefore urges the Government to take the necessary measures to ensure the progressive elimination of child labour, including through continued cooperation with the ILO, and to provide information on the results achieved. The Committee also once again requests the Government to provide the results of the child labour surveys at the provincial levels once available.
The Committee finally notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of July 2017, expressed concern that over 2 million children aged between 10 and 14 years are working and that 28 per cent of them are engaged in hazardous work, including in agriculture, brick kilns, coal mining, on the streets and in domestic settings (E/C.12/PAK/CO/1, paragraph 63). While taking due note of the measures taken by the Government, the Committee must express its deep concern at the significant number of children under the minimum age who are engaged in child labour, including in hazardous work. The Committee therefore urges the Government to take the necessary measures to ensure the progressive elimination of child labour, including through continued cooperation with the ILO, and to provide information on the results achieved. The Committee also once again requests the Government to provide the results of the child labour surveys at the provincial levels once available.
The Committee is raising other points in a request addressed directly to the Government.
Direct Request (CEACR) – adopted 2019, published 109th ILC session (2021) on Worst Forms of Child Labour Convention, 1999 (No. 182)
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 that the Government has not provided any information in this regard. The Committee notes from the official website of the Ministry of Interior that the Prevention of Trafficking in Persons Act (PTPA) was adopted in 2018. According to section 3(2) of this Act, 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 PKR1 million or both. Moreover, the Prevention of Smuggling of Migrants Act (PSMA), 2018 which penalizes the offences related to the facilitation of illegal entry of persons into Pakistan or from Pakistan to another country for benefit was also adopted. The Committee also notes the information from this official website 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 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. 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 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 further 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 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 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.
Observation (CEACR) – adopted 2019, published 109th ILC session (2021) on Worst Forms of Child Labour Convention, 1999 (No. 182)
Articles 3(a) and 5 of the Convention. Debt bondage and monitoring mechanisms. The Committee previously noted that the Bonded Labour System (Abolition) Act (BLSA) 1992 abolished bonded labour and that district vigilance committees (DVCs) were constituted to monitor the implementation of the BLSA. It noted that the BLSA was applicable in Islamabad Capital Territory (ICT), Balochistan and Punjab, while Khyber Pakhtunkhwa (KPK) and Sindh provinces enacted provincial legislation on bonded labour (KPK Bonded Labour System Abolition Act 2015 and Sindh Bonded Labour System Abolition Act 2015). The Committee requested the Government to continue its efforts to eliminate child debt bondage and to strengthen the capacity of DVCs and law enforcement officials responsible for the monitoring of bonded labour.
The Committee notes the Government’s information in its report that the BLSA was adapted in the Punjab province with certain amendments through the Punjab Bonded Labour System (Abolition) Amendment Act of 2018 which primarily aims at strengthening the ongoing system of inspections and reporting. The Government also indicates that the Balochistan Bonded Labour System (Abolition) Bill 2019 is awaiting approval from the Cabinet. The Committee further notes the Government’s information that the DVCs have been revitalized in all the 36 districts of Punjab and are working vigilantly to eradicate child bonded labour under the district administration, particularly in brick kilns and workshops. The provinces of Sindh, KPK and Balochistan are in the process of establishing DVCs. Provincial child and bonded labour units have been established in Punjab and KPK while Sindh, Balochistan and ICT are making efforts in this respect. The Government also indicates that the Sindh administration has registered and brought 740 brick kilns all over the province within the ambit of various labour laws, including the Sindh Prohibition of Employment of Children Act, 2015, in order to combat the menace of bonded labour. The Committee further notes the Government’s statement that the provinces are making efforts to strengthen institutional mechanisms for inspection and improvement in enforcement of labour laws on child and bonded labour, extension of coverage of such labour laws to the uncovered sectors and capacity development of inspection staff.
The Committee notes, however, from the National Commission for Human Rights Pakistan report entitled Towards Abolishing Bonded Labour in Pakistan, 2018 that over 1.3 million persons, including men, women and children in the brick kiln sector in Pakistan are working under conditions of debt bondage. This report further indicates that despite efforts by the Government and civil society, Pakistan remains a country with a large number of its workforce trapped in the systemic cycle of bondage. The Committee therefore urges the Government to intensify its efforts to eliminate child debt bondage, including through the effective implementation of the laws abolishing bonded labour and 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. 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. The Committee finally requests the Government to take the necessary measures to ensure that the Balochistan Bonded Labour System (Abolition) Bill 2019 is adopted in the near future.
Articles 3(d) and 4(1). Hazardous work. With regard to the adoption of the list of hazardous work, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).
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 previously noted that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of 11 July 2016, expressed concern at the large number of children (47.3 per cent of all children aged 5 to 16 years) who were not enrolled in formal education, of which the majority had never attended school and at the high dropout rate for girls, 50 per cent in Balochistan and KPK and 77 per cent in the Federal Administered Tribal Areas (CRC/C/PAK/CO/5, paragraph 61). The Committee urged the Government to redouble its efforts to improve access to free basic education for all children, taking into account the special situation of girls.
The Committee notes the Government’s information that measures are being implemented to improve the enrolment of children in education, including the provision of monetary incentives through Khidmat ATM cards for vulnerable children and children involved in the worst forms of child labour. According to this scheme, 2,000 Pakistani rupees (PKR) shall be paid to the family while enrolling a child and thereafter PKR1,000 per month to each child enrolled after verification of their attendance at school. The Government indicates that more than 90,000 identified children working in brick kilns have benefited from this scheme. The Committee also notes the Government’s indication that the school enrolment rates have currently reached 50.6 million compared to 48 million during 2016–17, an increase by 5.3 per cent while the gender disparity has also narrowed. The Committee notes from the UNICEF 2018 Annual Report, Pakistan that the provincial governments have been engaged in developing key policies with UNICEF such as the Punjab Non-Formal Education (NFE) Policy and the Sindh NFE Policy to enrol 600,000 out-of-school children in school in five years and the KPK NFE policy which will be endorsed shortly. These policies ensure that children excluded from education have opportunities to learn and develop skills through alternative learning pathways (ALP). In 2018, 550 ALP centres in all four provinces received direct UNICEF support, reaching 17,500 children (44 per cent girls). Moreover, UNICEF supported 2,784 early childhood education (ECE) centres across the four provinces enabling 99,400 children (58 per cent girls) to acquire ECE. The Committee, however, notes from the UNICEF report that over 5 million children are out of school, 60 per cent of whom are girls, while the number increases drastically after primary level with 17.7 million adolescents aged 10–16 years, of whom 51 per cent are girls, who are outside formal education. The Committee further notes that according to UNESCO statistics, the net enrolment rate in primary education in 2018 was 67.7 per cent (61.6 per cent female and 73.37 per cent male) and at the secondary level was 38.53 per cent (36.38 per cent female and 40.51 per cent male). While noting the measures taken by the Government, the Committee must express its deep concern at the low enrolment rates at the primary and secondary education levels and at the high number of out-of-school children. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to continue 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.
Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted the increasing number of street children and the lack of a systematic and comprehensive strategy to protect them. It also noted the establishment of centres for the rehabilitation of street children and other vulnerable groups in the provinces of Punjab, Sindh and KPK. It further noted the Government’s information that the KPK Government had established a special centre for street children which provides street children with education, health, recreation, sports, boarding, food, career and psychological counselling, and other necessary facilities. However, the Committee noted, from the concluding observations of the CRC of 11 July 2016, that children living or working on the streets, or whose parents were in conflict with the law, were often dealt with by the police rather than trained staff in child protection centres (CRC/C/PAK/CO/5, paragraph 73). The Committee requested the Government to strengthen its efforts to protect street children and to provide information on the measures taken in this regard.
The Committee notes an absence of information in the Government’s report on this issue. The Committee observes that according to information available in a 2019 report of the United Nations, entitled Pakistan’s street children, somewhere between 1.2 and 1.5 million children are thought to be on the streets of Pakistan’s major cities. These children, who often have little or no contact with their families, form one of the most vulnerable strata of society and are denied basic rights such as access to shelter, education and healthcare. These children are highly exposed to the risk of being drawn into abusive situations including engagement in child labour and subjection to sexual exploitation, trafficking and arbitrary arrest and detention. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to protect and withdraw these children from engaging in the worst forms of child labour and provide for their rehabilitation and social integration. It requests the Government to provide information on the specific measures undertaken and the results achieved in this regard, particularly the number of street children benefiting from shelter and other rehabilitative services.
The Committee is raising other matters in a request addressed directly to the Government.
Direct Request (CEACR) – adopted 2020, published 109th ILC session (2021) on Minimum Age Convention, 1973 (No. 138)
Article 2(3) of the Convention. Age of completion of compulsory education. The Committee previously noted that according to article 25A of the Constitution (as amended by the 18th Constitutional Amendment) the State shall provide free and compulsory education to all children between the ages of 5 and 16 years in such manner as may be determined by law. It also noted that the Balochistan Compulsory Education Act 2014, the Punjab Free and Compulsory Education Act 2014, and the Sindh Right of Children to Free and Compulsory Education Act 2013 provided for free and compulsory education as guaranteed under article 25A of the Constitution for children aged 5–16 years. However, the Compulsory Primary Education Act 1996 remained applicable in Khyber Pakhtunkhwa province, providing for compulsory education at the primary level for children between 5 and 10 years of age. The Committee requested the Government to take the necessary measures to ensure that the legislation requiring attendance in compulsory education is adopted in Khyber Pakhtunkhwa province in the near future.
The Committee notes with interest the Government’s information that the Khyber Pakhtunkhwa Free Compulsory Primary and Secondary Education Act which provides for free and compulsory primary and secondary education to all children from the age of 5–16 years was adopted in April 2017.
The Committee observes that the four provinces and the Islamabad Capital Territory (ICT) have enacted laws providing for free and compulsory education until the age of 16 years. In this regard, the Committee recalls that the minimum age for admission to employment or work specified by Pakistan at the time of ratification was 14 years. While taking due note of the progress made, the Committee reminds the Government that pursuant to Article 2(3) of the Convention, the minimum age specified should not be less than the age of completion of compulsory schooling. Furthermore, the Committee emphasizes the importance of linking the age of school completion with the minimum age for admission to work or employment. If the minimum age for admission to work (14 years of age) is lower than the age of completion of school (16 years of age), children may be encouraged to leave school as children required to attend school may also be legally authorized to work (see General Survey of 2012 on the fundamental Conventions concerning rights at work, paragraph 370). The Committee therefore requests the Government to take the necessary measures to raise the minimum age for admission to employment from 14 to 16 years, in order to link this age with the age of completion of compulsory schooling, in conformity with Article 2(3) of the Convention.
Article 4. Exclusion from the application of the Convention of limited categories of employment or work. In its previous comments, the Committee noted that section 3 of the Employment of Children Act 1991 excludes from its scope, work in family establishments and section 9(3) provides for exceptions in family-run establishments, relating to hours and period of work, weekly holidays and notice to inspectors. The Committee also noted that, the new laws enacted in Khyber Pakhtunkhwa and Punjab removed the exception provided for under section 3, but not that under section 9(3). Draft laws in the ICT, Balochistan and Sindh also contain similar provisions. The Committee further noted the Government’s information that the Ministry of Overseas Pakistanis and Human Resource Development would further discuss with the provincial governments and the social partners whether they wished to avail of the possibility to exclude work in family-run establishments from the scope of the Convention pursuant to Article 4(1) of the Convention.
The Committee once again notes the Government’s indication that further information on this subject will be provided after consultation with the Federal and Provincial Tripartite Consultative Committee. The Committee therefore requests the Government to provide information on consultations held in this regard.
Article 7. Light work. The Committee previously observed that a large number of children under the age of 14 (approximately 3 million children) were economically active. It noted that while the Employment of Children Act 1991 permitted children under 14 to work for up to seven hours a day, there did not appear to be a lower minimum age for this permitted work. It also noted that the Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015 (KPK Act 2015) provides for a definition of light work and regulates light work activities of children from the age of 12 years. Noting the Government’s information that the draft Sindh Prohibition of Employment of Children Act 2016 contains provisions regulating light work for children of 12 years of age, the Committee requested the Government to take the necessary measures to ensure the adoption of this draft law. It also encouraged the Government to include provisions regulating light work in the draft Prohibition of Employment of Children Act in other provinces, to ensure that children over the age of 12 who are in practice, engaged in economic activity, benefit from the protection of the Convention.
The Committee notes the Government’s indication that the Sindh Prohibition of Employment of Children Act 2017 defines light work as defined in the KPK Act of 2015. The Government also indicates that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 and the proposed amendments to the Employment of Children Act, 1991 by the ICT administration have incorporated provisions regulating light work. Moreover, discussions are ongoing at the tripartite forums in the province of Punjab on incorporating the definition of “light work” in the Punjab Restriction on Employment of Children Ordinance, 2016.
The Committee observes that while section 2 of the Sindh Prohibition of Employment of Children Act 2017 provides for a definition of “light work”, there appears to be no provisions establishing a minimum age for light work or regulating the hours and conditions of work by children of 12 years of age in light work activities. The Committee therefore requests the Government to indicate the measures taken or envisaged by the Government of Sindh to include within the Sindh Prohibition of Employment of Children Act 2017 provisions establishing a lower minimum age of 12 years for light work activities and regulating the hours and conditions of such work. It also requests the Government to take the necessary measures to ensure that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 and amendments to the Employment of Children Act, 1991 which contain provisions defining and regulating light work activities by children from the age of 12 years are adopted in the near future. It further expresses the firm hope that the Government of Punjab will take the necessary measures to incorporate similar provisions on light work in the Punjab Restriction on Employment of Children Ordinance, 2016. The Committee requests the Government to provide information on any progress made in this regard.
Observation (CEACR) – adopted 2020, published 109th ILC session (2021) on Minimum Age Convention, 1973 (No. 138)
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 Article 9(1)) as well as on the basis of the information at its disposal in 2019.
Article 2(1) of the Convention. Minimum age for admission to employment or work. The Committee previously noted the Government’s statement that, following the 18th Constitutional Amendment, the power to legislate on labour matters had been transferred to the provinces. Accordingly, it noted that the Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015 (KPK Act 2015) and the Punjab Restriction on Employment of Children Ordinance, 2016 (Punjab Ordinance 2016) contained provisions specifying a minimum age of 14 and 15 years for admission to employment or work, respectively. Noting that the Islamabad Capital Territory (ICT), as well as Balochistan and Sindh provinces had also drafted legislation containing similar provisions, the Committee requested the Government to take the necessary measures to ensure the adoption of the draft laws in the near future.
The Committee notes with interest the Government’s information in its report that the Sindh Prohibition of Employment of Children Act which was adopted in 2017 establishes a minimum age of 14 years for admission to employment or work (section 3(1)). The Government also indicates that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 is under the process of being presented to the Cabinet while the ICT administration is making efforts to revise the provisions of the Employment of Children Act, 1991 with the ILO’s support. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 and the revised Employment of Children Act, 1991 of ICT which establishes a minimum age of 14 years for admission to employment or work will be adopted without delay. It requests the Government to provide information on any progress made in this regard.
Article 3(1) and (2). Hazardous work and determination of types of hazardous work. In its previous comments the Committee noted that the KPK Act 2015 and the Punjab Ordinance 2016 provided for two lists of types of hazardous work prohibited to young persons under 18 years of age. It noted that the draft laws from ICT, Balochistan and Sindh also prohibit hazardous work for children below 18 years of age. The Committee requested the Government to take the necessary measures to ensure that the draft laws prohibiting the employment of persons under 18 years of age in hazardous types of work in ICT, Balochistan and Sindh provinces are adopted in the near future, after consultation with the organizations of employers and workers concerned.
The Committee notes with satisfaction that section 3(2) of the Sindh Prohibition of Employment of Children Act 2017, prohibits the employment of adolescents in 38 hazardous occupations and activities listed in its schedule. The Committee further notes the Government’s indication that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 has also updated the list of hazardous occupations and processes prohibited to young persons and the ICT administration is in the process of adopting laws prohibiting hazardous types of work by young persons under the age of 18 years. The Committee once again requests the Government to take the necessary measures to ensure that the Balochistan Employment of Children (Prohibition and Regulation) Bill of 2019 and the draft laws of ICT which contain provisions prohibiting the employment of young persons under the age of 18 years in hazardous types of work and occupations are adopted in the near future. It requests the Government to provide information on any progress made in this regard.
Article 9(1). Penalties and labour inspectorate. The Committee previously noted that the enforcement of child labour legislation was weak due to the lack of inspectors assigned to child labour, lack of training and resources, and corruption, and that the penalties imposed were often too minor to act as a deterrent. In this regard, the Committee noted the Government’s information that the new laws in Khyber Pakhtunkhwa (KPK) and Punjab provinces on the prohibition of employment of children as well as the Punjab Prohibition of Child Labour at Brick Kilns Act 2016 increased the fines for the violation of their provisions. It further noted the Government’s information that reforms of the labour inspection system were being carried out under the Strengthening Labour Inspection System Programme in Pakistan (SLISP) with the support from the ILO country office. The Committee requested the Government to continue its efforts to strengthen the capacity of the labour inspectorate, and to continue providing information on the number and nature of violations relating to the employment of children detected by the labour inspectorate.
The Committee notes the observations made by the Pakistan Workers Federation (PWF) in October 2017 that the incidence of child labour has increased even in the formal sector due to the abolition of the labour inspection system, the imposition of restrictions on inspections or due to the inspections being conditioned on the employer’s permission.
The Committee notes the Government’s information that the Balochistan Employment of Children (Prohibition and Regulation) Bill, 2019 and the ICT draft laws on child labour have increased the maximum fines for violations of the child labour provisions. It also notes the Government’s information regarding the application of the KPK Act of 2015 that, in 2017, 3,367 inspections were conducted, 23 convictions were handed out, out of 36 prosecutions, involving 21,921 Pakistani rupees (PKR) in fines (approximately US$142); while in 2018, 8,367 inspections were conducted, and 95 convictions were handed out, out of 213 prosecutions, involving PKR134,000 in fines (approximately US$863). The Committee further notes the Government’s information in its supplementary report that in 2019, 9,538 inspections were conducted, 340 prosecutions were conducted and a total fine of PKR0.56 million was imposed in the 254 cases decided by the courts.
With regard to the application of the Punjab Restriction of Employment of Children Act, 2016 the Committee notes the Government’s information that in 2019, 30,676 inspections were conducted, 2673 child labour cases were detected, 25 establishments were sealed, and 1199 persons were arrested. The Government further indicates that in February 2020, the Department of Labour, Balochistan conducted 69 child labour inspections and of the six child labour cases which were prosecuted, in three cases a fine of PKR14,000 (approximately US$86) were imposed on the violators. The Committee observes that the fines imposed are very low and do not appear to be sufficiently effective and dissuasive.
The Committee further notes from the Government’s report under the Labour Inspection Convention, 1947 (No. 81) on the various measures taken within the framework of SLISP to strengthen and improve the capacity of the provincial labour inspectors. According to this information, trainings were provided: to 121 labour inspectors in Punjab on effective monitoring; to 29 labour inspectors in Sindh on risk assessment and accident investigation; and to 40 labour inspectors in Sindh on occupational health and safety in the construction sector. Moreover, a labour inspection profile has been developed and will be finalized by the end of 2019. The Government also indicates that efforts are being made by the provincial governments to increase the annual budget for labour inspection services and for material resources and transport and travel allowances for labour inspectors. The Committee requests the Government to continue its efforts to strengthen the capacity of the labour inspectorate, and to continue providing information on the number and nature of violations detected and penalties imposed relating to the employment of children. It also requests the Government to continue to strengthen its measures to ensure that persons who violate the above-mentioned laws are prosecuted and that sufficiently effective and dissuasive penalties are imposed.
Application of the Convention in practice. The Committee previously noted the Government’s indication that, with the assistance of UNICEF, the governments of Punjab, Sindh, KPK and Balochistan had initiated measures to carry out child labour surveys in their respective provinces. The Committee also noted from the report Understanding Children’s Work in Pakistan: An Insight into Child Labour Data (2010–15) and Legal Framework that the number of children of 10–17 years of age engaged in child labour had decreased from 4.04 million in 2010–11 to 3.7 million in 2014–15, of which 2.067 million (55 per cent) were in the 10–14 years age group. The Committee urged the Government to strengthen its efforts to prevent and eliminate child labour, and to provide the results of the child labour surveys at the provincial levels once available.
The Committee notes the observations made by the PWF that in Pakistan no dedicated child labour survey has been carried out since 1996. However, all reliable evidence indicates that the incidence of child labour, though showing a decline in recent years, is still considerably high. Child labour is rampant in the agricultural sector, factories, textile, garments, carpet and industrial units, brick kilns, hotels and restaurants, auto workshops and in mines and quarries.
The Committee notes the Government’s information that the government of KPK has paid special attention to prevent and eliminate child labour from the province. An exclusive unit on child labour has been established with the Directorate of Labour. It also notes the Government’s statement that regular inspections at industrial establishments have gradually led to the complete elimination of child labour from this sector and efforts are being continued to do likewise in the commercial establishments. Furthermore, the Khyber Pakhtunkhwa Child Labour Policy 2018 and the KPK Act of 2015 are a milestone to eliminate child labour from the province. The Government also indicates that the implementation of the Sindh Labour Policy of 2017 and the new laws on child labour will result in the elimination of child labour in the province. The Government further indicates that the child labour survey is ongoing in the provinces of KPK, Sindh and ICT while the project is in the pipeline in Balochistan. The Committee finally notes the Government’s statement in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that a comprehensive system is being formulated to eliminate child labour from the country through awareness-raising programmes in the society and the reshaping of the political, economic and social systems of the country and by taking such measures that make child labour a crime.
The Committee notes that according to the Punjab Multiple Indicator Cluster Survey (MICS) findings Report, 2017–18, 13.4 per cent of children aged between 5 and 17 years are engaged in child labour with 10.3 per cent of them involved in hazardous work. Furthermore, the MICS report of 2016–17 of the KPK indicates that over 14 per cent of children of 5–17 years are involved in child labour, of which 12.3 per cent are working in hazardous conditions. The Committee further notes that according to the UNICEF report on the Situation Analysis of Children in Pakistan, 2017, there is a high prevalence of child labour in Pakistan coupled with low rates of school participation. The persistence of child labour has multi layered roots such as poverty, lack of decent work for adults, need for strengthened social protection and the lack of a system that can ensure that all children attend school rather than engaging in economic activities. The Committee finally notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of July 2017, expressed concern that over 2 million children aged between 10 and 14 years are working and that 28 per cent of them are engaged in hazardous work, including in agriculture, brick kilns, coal mining, on the streets and in domestic settings (E/C.12/PAK/CO/1, paragraph 63). While taking note of the measures taken by the Government, the Committee must express its deep concern at the significant number of children under the minimum age who are engaged in child labour, including in hazardous work. The Committee therefore urges the Government to take the necessary measures to ensure the progressive elimination of child labour, including through continued cooperation with the ILO, and to provide information on the results achieved. The Committee also once again requests the Government to provide the results of the child labour surveys at the provincial levels once available.
The Committee is raising other points in a request addressed directly to the Government, which reiterates the content of its previous request adopted in 2019.
Direct Request (CEACR) – adopted 2020, published 109th ILC session (2021) on Worst Forms of Child Labour Convention, 1999 (No. 182)
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.
Observation (CEACR) – adopted 2020, published 109th ILC session (2021) on Worst Forms of Child Labour Convention, 1999 (No. 182)
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 5), as well as on the basis of the information at its disposal in 2019.
Articles 3(a) and 5 of the Convention. Debt bondage and monitoring mechanisms. The Committee previously noted that the Bonded Labour System (Abolition) Act (BLSA) 1992 abolished bonded labour and that district vigilance committees (DVCs) were constituted to monitor the implementation of the BLSA. It noted that the BLSA was applicable in Islamabad Capital Territory (ICT), Balochistan and Punjab, while Khyber Pakhtunkhwa (KPK) and Sindh provinces enacted provincial legislation on bonded labour (KPK Bonded Labour System Abolition Act 2015 and Sindh Bonded Labour System Abolition Act 2015). The Committee requested the Government to continue its efforts to eliminate child debt bondage and to strengthen the capacity of DVCs and law enforcement officials responsible for the monitoring of bonded labour.
The Committee notes the Government’s information in its supplementary report that the BLSA was adapted in all the provinces while the Punjab government passed the Punjab Bonded Labour System (Abolition) Amendment Act of 2018 which primarily aims at strengthening the ongoing system of inspections and reporting. The Government also indicates that the Provincial Cabinet of Balochistan approved the Elimination of Bonded Labour Bill 2020 which shall be submitted to the law department for vetting. The Bill provides for a punishment of one-year imprisonment and a fine of PKR 0.1 million (US$632.30) to people who are involved in hiring bonded labour. The Committee further notes the Government’s information that the DVCs have been revitalized in all the 36 districts of Punjab and are working vigilantly to eradicate child bonded labour under the district administration, particularly in brick kilns and workshops. The Government indicates that 258 meetings of DVCs were held in 2019 during which no cases of child debt bondage were reported. The provinces of Sindh, KPK and Balochistan are in the process of establishing DVCs. Provincial child and bonded labour units have been established in Punjab and KPK while Sindh, Balochistan and ICT are making efforts in this respect. The Government also indicates that the Sindh administration has registered and brought 740 brick kilns all over the province within the ambit of various labour laws, including the Sindh Prohibition of Employment of Children Act, 2015, in order to combat the menace of bonded labour. The Committee further notes the Government’s statement that the provinces are making efforts to strengthen institutional mechanisms for inspection and improvement in enforcement of labour laws on child and bonded labour, extension of coverage of such labour laws to the uncovered sectors and capacity development of inspection staff.
The Committee notes, however, from the National Commission for Human Rights Pakistan report entitled Towards Abolishing Bonded Labour in Pakistan, 2018 that over 1.3 million persons, including men, women and children in the brick kiln sector in Pakistan are working under conditions of debt bondage. This report further indicates that despite efforts by the Government and civil society, Pakistan remains a country with a large number of its workforce trapped in the systemic cycle of bondage. The Committee therefore encourages the Government to intensify its efforts to eliminate child debt bondage, including through the effective implementation of the laws abolishing bonded labour and 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. 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. The Committee finally requests the Government to take the necessary measures to ensure that the Balochistan Elimination of Bonded Labour Bill 2020 is enacted in the near future.
Articles 3(d) and 4(1). Hazardous work. With regard to the adoption of the list of hazardous work, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).
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 previously noted that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of 11 July 2016, expressed concern at the large number of children (47.3 per cent of all children aged 5 to 16 years) who were not enrolled in formal education, of which the majority had never attended school and at the high dropout rate for girls, 50 per cent in Balochistan and KPK and 77 per cent in the Federal Administered Tribal Areas (CRC/C/PAK/CO/5, paragraph 61). The Committee urged the Government to redouble its efforts to improve access to free basic education for all children, taking into account the special situation of girls.
The Committee notes the Government’s information that measures are being implemented to improve the enrolment of children in education, including the provision of monetary incentives through Khidmat ATM cards for vulnerable children and children involved in the worst forms of child labour. According to this scheme, 2,000 Pakistani rupees (PKR) (US$12.64) shall be paid to the family while enrolling a child and thereafter PKR1,000 (US$6.32) per month to each child enrolled after verification of their attendance at school. The Government indicates that more than 90,000 identified children working in brick kilns have benefited from this scheme. The Committee also notes the Government’s indication that the school enrolment rates have currently reached 50.6 million compared to 48 million during 2016–17, an increase by 5.3 per cent while the gender disparity has also narrowed. The Committee notes from the UNICEF 2018 Annual Report, Pakistan that the provincial governments have been engaged in developing key policies with UNICEF such as the Punjab Non-Formal Education (NFE) Policy and the Sindh NFE Policy to enrol 600,000 out-of-school children in school in five years and the KPK NFE policy which will be endorsed shortly. These policies ensure that children excluded from education have opportunities to learn and develop skills through alternative learning pathways (ALP). In 2018, 550 ALP centres in all four provinces received direct UNICEF support, reaching 17,500 children (44 per cent girls). Moreover, UNICEF supported 2,784 early childhood education (ECE) centres across the four provinces enabling 99,400 children (58 per cent girls) to acquire ECE. The Committee, however, notes from the UNICEF report that over 5 million children are out of school, 60 per cent of whom are girls, while the number increases drastically after primary level with 17.7 million adolescents aged 10–16 years, of whom 51 per cent are girls, who are outside formal education. The Committee further notes that according to UNESCO statistics, the net enrolment rate in primary education in 2018 was 67.7 per cent (61.6 per cent female and 73.37 per cent male) and at the secondary level was 38.53 per cent (36.38 per cent female and 40.51 per cent male). While noting the measures taken by the Government, the Committee must express its deep concern at the low enrolment rates at the primary and secondary education levels and at the high number of out-of-school children. Considering 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.
Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted the increasing number of street children and the lack of a systematic and comprehensive strategy to protect them. It also noted the establishment of centres for the rehabilitation of street children and other vulnerable groups in the provinces of Punjab, Sindh and KPK. It further noted the Government’s information that the KPK Government had established a special centre for street children which provides street children with education, health, recreation, sports, boarding, food, career and psychological counselling, and other necessary facilities. However, the Committee noted, from the concluding observations of the CRC of 11 July 2016, that children living or working on the streets, or whose parents were in conflict with the law, were often dealt with by the police rather than trained staff in child protection centres (CRC/C/PAK/CO/5, paragraph 73). The Committee requested the Government to strengthen its efforts to protect street children and to provide information on the measures taken in this regard.
The Committee notes an absence of information in the Government’s report on this issue. The Committee observes that according to information available in a 2019 report of the United Nations, entitled Pakistan’s street children, somewhere between 1.2 and 1.5 million children are thought to be on the streets of Pakistan’s major cities. These children, who often have little or no contact with their families, form one of the most vulnerable strata of society and are denied basic rights such as access to shelter, education and healthcare. These children are highly exposed to the risk of being drawn into abusive situations including engagement in child labour and subjection to sexual exploitation, trafficking and arbitrary arrest and detention. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to protect and withdraw these children from engaging in the worst forms of child labour and provide for their rehabilitation and social integration. It requests the Government to provide information on the specific measures undertaken and the results achieved in this regard, particularly the number, age and gender of street children benefiting from shelter and other rehabilitative services.
The Committee is raising other matters in a request addressed directly to the Government.
Acknowledgements/References
(1) Comments adopted by the CEACR Pakistan. (n.d.). International Labour Organization. Retrieved March 7, 2023, from https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:13201:0::NO::P13201_COUNTRY_ID:103166