Bonded, Forced and Child Labour legal and Policy Framework
Legal and Policy Framework
Pakistan has adopted a number of legislative and policy measures to address and eradicate child labour.
Legislation
Article 11 (1) of the Constitution of Pakistan forbids slavery and states that no law shall permit or facilitate its introduction into Pakistan in any form. Article 11 (2) prohibits all forms of forced labour and trafficking in human beings, Article 11 (3) prohibits employment of children below the age of 14 years in any factory or mine or any other hazardous employment.
Apart, from specific provision on child labour, the Constitution under article 37 establishes the need to protect human dignity and privacy, guarantees freedom of movement, ensures freedom of association and grants freedom of speech. It is the responsibility of the State to “make provision for securing just and human conditions of work, ensuring that children and women are not employed in occupations unsuited to their age and sex”.
National and International Commitments:
1923: Mines Act (1923):
Employment of a child below the age of 12 years in mines was prohibited by the British. The 26-A section of the Act says “Young person cannot be employed without certificates of fitness. No person who has not completed his seventeenth year shall be employed in any part of a mine. In 1935, the minimum age was raised to 15 years. Previously this stipulation existed for those young persons only working below ground, but the Mines (Amendment) Act, 1973 has provided that these conditions apply to all young persons in any part of a mine whether above ground of below ground.
1934: The Factories Act(1934):
It contains a special chapter titled “special provisions for adolescent and children”. Section 50 of the law prescribes that no child who has not completed his fourteenth year shall be allowed to work in the factory. A “factory” is defined under this Act to mean “any premises, whereon ten or more workers are working.And in any part of which a manufacturing process is being carried out.”
1957: ILO Forced Labour Convention (No. 29):
Ratified by the Government of Pakistan in 1957. Each member of the ILO which ratifies this Convention undertakes to suppress the use of forced or compulsory labour in all its forms within the shortest possible period and aims at the immediate suppression of all forms of forced or compulsory labour. There are five exceptions: certain civic obligations; prison labour resulting from a conviction in court; work needed during emergencies such as a war, fires and earthquakes, and minor communal services such as Special Youth Schemes.
1960: ILO Abolition of Forced Labour Convention (No.105):
This Convention was ratified by Pakistan in 1960. The Convention asks the government for the abolition of all forms of forced or compulsory labour as means of political coercion; as a punishment for the expression of certain political and ideological opinions; as workforce mobilization, as labour discipline; as a punishment for taking part in strikes; as a measure of racial, social, national or religious discrimination.
1961: Road Transport Workers Ordinance (1961):
The law that prohibits employment of children below the age of 18 years. This law governs the conditions of employment of road transport workers. As per law, the minimum age is fixed at 21 years for employment of drivers.
1969: The West Pakistan Shops and Establishments Ordinance (1969):
The employment of children is prohibited under the Ordinance. This law was passed in June 1969. The section 20 of the Ordinance says “No child shall be required or allowed to work in any establishment”. This Law prohibits employment of children below the age of 12 years in any establishment. In 1975 in the Punjab Province, and in 1977, General Zia’s martial law regime for the whole of Pakistan, raised this age to 14 years. The term `establishment’ is defined under this Law to mean a shop, commercial or industrial establishment, private dispensary, hotel, restaurant, cafe, cinema and such other places as are notified by the concerned provincial governments.
1990: UN Convention on the Rights of the Child (CRC):
The Convention on the Rights of the Child was ratified by Pakistan in 1990. The countries after ratifying the CRC are supposed to implement all its articles, making necessary changes in the local laws to promote and protect the rights of the children. The ‘Protection Provision’ of the CRC includes shielding from abuse; right of child to protection from traditional prejudicial practices; protection from torture and all other forms of child exploitation including employment in hazardous work. Article 32 on child labour states that the child has a right to be protected from work that threatens his or her health, education or development.
1991: The Employment of Children Act (1991):
The ECA 1991 prohibits the employment of children in certain occupations and regulates their conditions of work. No child is allowed to work over-time or during the night. Section 3 of the Act bans employment of under-14 children in a number of occupations. Part II prohibits employment of children in 13 specific sectors. The prohibition against employing children in hazardous labour, and the regulations governing the working conditions of children under 14 do not apply to family run establishments, and schools (training institutes) established, assisted, or organized by the Government. The ECA’s Section 3 also gives the government the authority to prescribe by rules the maximum number of hours children are required or permitted to work in any specific establishment. These hours are prescribed in the Rules that have been enacted in each of the four provinces; the rules slightly differ from province to province. The National Committee on the Rights of the Child was set up under the Employment of Children Act, 1991. The Committee advises the Government on the addition of certain occupations and activities to the Schedule of the Employment of Children Act, 1991.
1992: The Bonded Labour System (Abolition) Act (1992):
declares all customs, traditions, practices, contracts or agreements concerning bonded labour, whether entered into or in operation before or after the effective date of the legislation, void and inoperative. Any obligations on the part of the bonded labourer to repay any bonded debt were cancelled and no suit could be brought for the recovery of such a debt. Special provisions in this Act provide for setting up of Vigilance Committees to advise the district administration on matters relating to the effective implementation of freed bonded labourers, application of the Law, and providing the bonded labourers with necessary assistance. The penalties for violating this Law are imprisonment from two to five years and/or a fine of 50,000 rupees. In April 2000, funds were earmarked, with an initial amount of Rs.100 million, for working children’s education and rehabilitation of bonded labourers. In 2001, the Government launched a National Policy and Plan of Action to combat Bonded Labour in Pakistan.
1998: Taskforce on Child Labour:
The Government of Pakistan constituted a task force on Child Labour in 1998 with the mandate of formulating policies and strategies for the elimination of child and bonded labour in Pakistan and to prepare plans for the implementation of policies and strategies.
1998: Declaration of Fundamental Principles and Rights at Work:
ILO adopted the Declaration of Fundamental Principles and Rights at Work at the International Labour Conference in 1998 to safeguard and promote respect for basic workers’ rights. The declaration calls for the respect and implementation of all core labour standards regardless of country’s ratification and applicable to all member states.
The core labour standards are:
1. Right to Freedom of Association and Collective Bargaining;
2. Elimination of all forms of forced and compulsory labour;
3. Effective abolition of child labour; and
4. Elimination of discrimination in respect of employment and occupation.
2000: The National Policy and Plan of Action 2000 on Child Labour:
The NPPA 2000 was the assurance from the Government of Pakistan for progressive elimination of child labour and set ambitious targets for progressive elimination of child labour from all sectors by 2010 and eradication of worst forms of child labour. The major policy measures are provision of primary education and skill training for children withdrawn from labour, prevention of child labour by offering alternative education and implementing a monitoring and inspection system to ensure that workplace remain child labour free and to implement the National Plan of Action. However, the NPPA, which had set the target for eradicating worst forms of child labour by 2005, has failed in meeting its target.
2000: UN Millennium Development Goals:
The Millennium Development Goals are an ambitious agenda for reducing poverty and improving lives that world leaders agreed on at the Millennium Summit in September 2000. For each goal one or more targets have been set, most for 2015, using 1990 as a benchmark. The MDGs have been adopted by the Government of Pakistan and integrated in its Poverty Reduction Strategy Paper. The goals of the Education Sector Reforms Action Plan are also fully integrated with the relevant Millennium Development Goals.
2001: ILO Convention on the Worst Forms of Child Labour (No. 182):
The ILO Convention on the Worst Forms of Child Labour was ratified by Pakistan in 2001. Countries ratifying the Convention are expected to identify worst forms of child labour and develop, implement and monitor action programs in collabouration with employers and workers’ organizations. They will strive to improve education for prevention of entry of children to worst forms of child labour. Free basic education for all including children removed from worst forms of labour will be made available and accessible. Pakistan ratified Convention No.182 in 2001 and has embarked on the ILO supported Time Bound Program to eliminate the worst forms of child labour. The success is still beyond reach.
2001: The National Plan of Action (NPA) for Education for All (2001-15) and Education Sector Reforms (ESR) Action Plan 2001-05:
The National Plan of Action (NPA 2001-2015) formulated by the Federal Education Ministry has defined national-level targets for key education indicators in three EFA sectors: (1) early childhood education; (2) primary education; and (3) adult literacy; and identified the corresponding physical infrastructure required to achieve these respective targets. The ESR 2001-05 is a clear indication of the government’s responsiveness to the Dakar Declaration. The ESR is an Action Plan to address the delivery gap in the education sector based on a long-term framework linked to EFA goals by 2015.
2002: Labour Policy 2002:
The Labour Policy 2002 endorses the National Policy and Plan of Action to Combat Child Labour and states that the Government of Pakistan has accepted the responsibility to enhance the age limit to 18 years with respect to the worst forms of child labour, for entry into the labour market after ratification of the ILO Convention No. 182 in 2001.
2002: The Prevention and Control of Human Trafficking Ordinance 2002:
This Ordinance applies to all children aged less than 18 years. It defines exploitative entertainment as all activities in connection with human sports or sexual practices, and related abusive practices. According to the Ordinance, human trafficking means recruiting, buying or selling a person, with or without consent, by use of coercion, abduction, or by giving payment or share for such person’s transportation, for exploitative entertainment. The Ordinance prescribes severe terms of punishment — 7-14 years’ and parents guilty of the crime involving their own children are liable for the same punishment. The rules of Trafficking Ordinance were notified in 2005.
2003: Poverty Reduction Strategy Paper-I:
The Government of Pakistan, on December 31, 2003, released Poverty Reduction Strategy Paper (PRSP), titled ‘Accelerating economic growth and reducing poverty: The road ahead’. The PRSP gave due consideration to the issue of child labour while setting targets. It outlined its commitment on child labour issues and stated, “Although the government is committed to eliminate child labour as reflected in the National Policy and Plan of Action to Combat Child Labour, it is pursuing a policy of gradual elimination of all forms of child labour and immediate elimination of the hazardous and exploitative forms of child labour.
2005: National Policy and Plan of Action on Human Trafficking 2005:
The Federal Investigation Authority (FIA) launched the National Policy on Human Trafficking in December 2005. The policy followed a three pronged Strategy: Prevention, Protection, and Prosecution and was victim-focused with rights-based approach. It focused on private public partnership and international cooperation.
2006: ILO Minimum Age Convention, 1973 (No. 138):
This Convention was ratified by the Government of Pakistan in 2006. It requires States to pursue national policies which will effectively abolish child labour. It establishes a minimum age for admission to employment or work which shall not be less than the age of completion of compulsory schooling, so that young people can develop physically and mentally before entering the workforce.
Pakistan has adopted a number of legislative and policy measures to address and eradicate child labour.
Legislation
Article 11 (1) of the Constitution of Pakistan forbids slavery and states that no law shall permit or facilitate its introduction into Pakistan in any form. Article 11 (2) prohibits all forms of forced labour and trafficking in human beings, Article 11 (3) prohibits employment of children below the age of 14 years in any factory or mine or any other hazardous employment.
Apart, from specific provision on child labour, the Constitution under article 37 establishes the need to protect human dignity and privacy, guarantees freedom of movement, ensures freedom of association and grants freedom of speech. It is the responsibility of the State to “make provision for securing just and human conditions of work, ensuring that children and women are not employed in occupations unsuited to their age and sex”.
National and International Commitments:
1923: Mines Act (1923):
Employment of a child below the age of 12 years in mines was prohibited by the British. The 26-A section of the Act says “Young person cannot be employed without certificates of fitness. No person who has not completed his seventeenth year shall be employed in any part of a mine. In 1935, the minimum age was raised to 15 years. Previously this stipulation existed for those young persons only working below ground, but the Mines (Amendment) Act, 1973 has provided that these conditions apply to all young persons in any part of a mine whether above ground of below ground.
1934: The Factories Act(1934):
It contains a special chapter titled “special provisions for adolescent and children”. Section 50 of the law prescribes that no child who has not completed his fourteenth year shall be allowed to work in the factory. A “factory” is defined under this Act to mean “any premises, whereon ten or more workers are working.And in any part of which a manufacturing process is being carried out.”
1957: ILO Forced Labour Convention (No. 29):
Ratified by the Government of Pakistan in 1957. Each member of the ILO which ratifies this Convention undertakes to suppress the use of forced or compulsory labour in all its forms within the shortest possible period and aims at the immediate suppression of all forms of forced or compulsory labour. There are five exceptions: certain civic obligations; prison labour resulting from a conviction in court; work needed during emergencies such as a war, fires and earthquakes, and minor communal services such as Special Youth Schemes.
1960: ILO Abolition of Forced Labour Convention (No.105):
This Convention was ratified by Pakistan in 1960. The Convention asks the government for the abolition of all forms of forced or compulsory labour as means of political coercion; as a punishment for the expression of certain political and ideological opinions; as workforce mobilization, as labour discipline; as a punishment for taking part in strikes; as a measure of racial, social, national or religious discrimination.
1961: Road Transport Workers Ordinance (1961):
The law that prohibits employment of children below the age of 18 years. This law governs the conditions of employment of road transport workers. As per law, the minimum age is fixed at 21 years for employment of drivers.
1969: The West Pakistan Shops and Establishments Ordinance (1969):
The employment of children is prohibited under the Ordinance. This law was passed in June 1969. The section 20 of the Ordinance says “No child shall be required or allowed to work in any establishment”. This Law prohibits employment of children below the age of 12 years in any establishment. In 1975 in the Punjab Province, and in 1977, General Zia’s martial law regime for the whole of Pakistan, raised this age to 14 years. The term `establishment’ is defined under this Law to mean a shop, commercial or industrial establishment, private dispensary, hotel, restaurant, cafe, cinema and such other places as are notified by the concerned provincial governments.
1990: UN Convention on the Rights of the Child (CRC):
The Convention on the Rights of the Child was ratified by Pakistan in 1990. The countries after ratifying the CRC are supposed to implement all its articles, making necessary changes in the local laws to promote and protect the rights of the children. The ‘Protection Provision’ of the CRC includes shielding from abuse; right of child to protection from traditional prejudicial practices; protection from torture and all other forms of child exploitation including employment in hazardous work. Article 32 on child labour states that the child has a right to be protected from work that threatens his or her health, education or development.
1991: The Employment of Children Act (1991):
The ECA 1991 prohibits the employment of children in certain occupations and regulates their conditions of work. No child is allowed to work over-time or during the night. Section 3 of the Act bans employment of under-14 children in a number of occupations. Part II prohibits employment of children in 13 specific sectors. The prohibition against employing children in hazardous labour, and the regulations governing the working conditions of children under 14 do not apply to family run establishments, and schools (training institutes) established, assisted, or organized by the Government. The ECA’s Section 3 also gives the government the authority to prescribe by rules the maximum number of hours children are required or permitted to work in any specific establishment. These hours are prescribed in the Rules that have been enacted in each of the four provinces; the rules slightly differ from province to province. The National Committee on the Rights of the Child was set up under the Employment of Children Act, 1991. The Committee advises the Government on the addition of certain occupations and activities to the Schedule of the Employment of Children Act, 1991.
1992: The Bonded Labour System (Abolition) Act (1992):
declares all customs, traditions, practices, contracts or agreements concerning bonded labour, whether entered into or in operation before or after the effective date of the legislation, void and inoperative. Any obligations on the part of the bonded labourer to repay any bonded debt were cancelled and no suit could be brought for the recovery of such a debt. Special provisions in this Act provide for setting up of Vigilance Committees to advise the district administration on matters relating to the effective implementation of freed bonded labourers, application of the Law, and providing the bonded labourers with necessary assistance. The penalties for violating this Law are imprisonment from two to five years and/or a fine of 50,000 rupees. In April 2000, funds were earmarked, with an initial amount of Rs.100 million, for working children’s education and rehabilitation of bonded labourers. In 2001, the Government launched a National Policy and Plan of Action to combat Bonded Labour in Pakistan.
1998: Taskforce on Child Labour:
The Government of Pakistan constituted a task force on Child Labour in 1998 with the mandate of formulating policies and strategies for the elimination of child and bonded labour in Pakistan and to prepare plans for the implementation of policies and strategies.
1998: Declaration of Fundamental Principles and Rights at Work:
ILO adopted the Declaration of Fundamental Principles and Rights at Work at the International Labour Conference in 1998 to safeguard and promote respect for basic workers’ rights. The declaration calls for the respect and implementation of all core labour standards regardless of country’s ratification and applicable to all member states.
The core labour standards are:
1. Right to Freedom of Association and Collective Bargaining;
2. Elimination of all forms of forced and compulsory labour;
3. Effective abolition of child labour; and
4. Elimination of discrimination in respect of employment and occupation.
2000: The National Policy and Plan of Action 2000 on Child Labour:
The NPPA 2000 was the assurance from the Government of Pakistan for progressive elimination of child labour and set ambitious targets for progressive elimination of child labour from all sectors by 2010 and eradication of worst forms of child labour. The major policy measures are provision of primary education and skill training for children withdrawn from labour, prevention of child labour by offering alternative education and implementing a monitoring and inspection system to ensure that workplace remain child labour free and to implement the National Plan of Action. However, the NPPA, which had set the target for eradicating worst forms of child labour by 2005, has failed in meeting its target.
2000: UN Millennium Development Goals:
The Millennium Development Goals are an ambitious agenda for reducing poverty and improving lives that world leaders agreed on at the Millennium Summit in September 2000. For each goal one or more targets have been set, most for 2015, using 1990 as a benchmark. The MDGs have been adopted by the Government of Pakistan and integrated in its Poverty Reduction Strategy Paper. The goals of the Education Sector Reforms Action Plan are also fully integrated with the relevant Millennium Development Goals.
2001: ILO Convention on the Worst Forms of Child Labour (No. 182):
The ILO Convention on the Worst Forms of Child Labour was ratified by Pakistan in 2001. Countries ratifying the Convention are expected to identify worst forms of child labour and develop, implement and monitor action programs in collabouration with employers and workers’ organizations. They will strive to improve education for prevention of entry of children to worst forms of child labour. Free basic education for all including children removed from worst forms of labour will be made available and accessible. Pakistan ratified Convention No.182 in 2001 and has embarked on the ILO supported Time Bound Program to eliminate the worst forms of child labour. The success is still beyond reach.
2001: The National Plan of Action (NPA) for Education for All (2001-15) and Education Sector Reforms (ESR) Action Plan 2001-05:
The National Plan of Action (NPA 2001-2015) formulated by the Federal Education Ministry has defined national-level targets for key education indicators in three EFA sectors: (1) early childhood education; (2) primary education; and (3) adult literacy; and identified the corresponding physical infrastructure required to achieve these respective targets. The ESR 2001-05 is a clear indication of the government’s responsiveness to the Dakar Declaration. The ESR is an Action Plan to address the delivery gap in the education sector based on a long-term framework linked to EFA goals by 2015.
2002: Labour Policy 2002:
The Labour Policy 2002 endorses the National Policy and Plan of Action to Combat Child Labour and states that the Government of Pakistan has accepted the responsibility to enhance the age limit to 18 years with respect to the worst forms of child labour, for entry into the labour market after ratification of the ILO Convention No. 182 in 2001.
2002: The Prevention and Control of Human Trafficking Ordinance 2002:
This Ordinance applies to all children aged less than 18 years. It defines exploitative entertainment as all activities in connection with human sports or sexual practices, and related abusive practices. According to the Ordinance, human trafficking means recruiting, buying or selling a person, with or without consent, by use of coercion, abduction, or by giving payment or share for such person’s transportation, for exploitative entertainment. The Ordinance prescribes severe terms of punishment — 7-14 years’ and parents guilty of the crime involving their own children are liable for the same punishment. The rules of Trafficking Ordinance were notified in 2005.
2003: Poverty Reduction Strategy Paper-I:
The Government of Pakistan, on December 31, 2003, released Poverty Reduction Strategy Paper (PRSP), titled ‘Accelerating economic growth and reducing poverty: The road ahead’. The PRSP gave due consideration to the issue of child labour while setting targets. It outlined its commitment on child labour issues and stated, “Although the government is committed to eliminate child labour as reflected in the National Policy and Plan of Action to Combat Child Labour, it is pursuing a policy of gradual elimination of all forms of child labour and immediate elimination of the hazardous and exploitative forms of child labour.
2005: National Policy and Plan of Action on Human Trafficking 2005:
The Federal Investigation Authority (FIA) launched the National Policy on Human Trafficking in December 2005. The policy followed a three pronged Strategy: Prevention, Protection, and Prosecution and was victim-focused with rights-based approach. It focused on private public partnership and international cooperation.
2006: ILO Minimum Age Convention, 1973 (No. 138):
This Convention was ratified by the Government of Pakistan in 2006. It requires States to pursue national policies which will effectively abolish child labour. It establishes a minimum age for admission to employment or work which shall not be less than the age of completion of compulsory schooling, so that young people can develop physically and mentally before entering the workforce.