Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Minimum Age Convention, 1973 (No. 138) - Pakistan (Ratification: 2006)

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The Committee notes the observations of the All Pakistan Federation of Trade Unions (APFTU) received on 31 August 2023. It requests the Government to reply to these observations.

Article 2(1) of the Convention. Minimum age for admission to employment or work. The Committee notes with interest the Government’s indication, in its report, that the Balochistan Employment of Children (Prohibition and Regulation) Act was adopted on 5 May 2021. It prohibits the employment of a child (defined as a person under 14 years) in employment, whether paid or unpaid or in any economic activity (section 3(3)). The Committee further notes that the Islamabad Capital Territory (ICT) administration is continuing its efforts to revise the provisions of the Employment of Children Act, 1991, with the ILO’s support, to introduce a minimum age of 14 years for admission to employment or work. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the revised Employment of Children Act, 1991, of the 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. The Committee notes with satisfaction that section 3(1) of the Balochistan Employment of Children (Prohibition and Regulations) Act, 2021, prohibits the employment of persons under 18 years of age in hazardous occupations. Parts I and II of the Schedule also set out non-exhaustive lists of prohibited hazardous occupations and processes. The Committee notes the Government’s indication that in Punjab and Sindh, work is underway to consolidate all labour laws into a labour code. In the framework of this labour law review, the Committee notes that efforts are underway to update the current list of hazardous occupations and work in these provinces. The Committee requests the Government to provide information on the implementation of the existing laws prohibiting the employment of young persons under the age of 18 years in hazardous types of work and occupations in Balochistan, Sindh, Punjab and Khyber Pakhtunkhwa (KPK), including the number and nature of violations regarding young persons engaged in hazardous work, as well as the convictions and penalties imposed. With regard to the revision of the Employment of Children Act, 1991, of the ICT, the Committee requests the Government to take the necessary measures to ensure that the draft law prohibits the work of young persons under the age of 18 years in hazardous types of work and to provide information on any progress made on its adoption.

Article 9(1). Penalties and labour inspection. The Committee notes the Government’s statement that in ICT, labour inspectors require comprehensive training on child labour issues and that it is seeking ILO technical assistance in this regard. The Government further indicates that in Punjab and Sindh, labour inspectors receive regular trainings to enhance their capacities, including on child labour laws. In Punjab, in 2022, labour inspectors carried out 67,930 inspections of factories, shops and establishments to identify child labour and bonded labour, out of which 1,067 cases were reported to the police. The Committee notes the Government’s information that 897 cases of forced labour were investigated by the Punjab Prosecution Department and that 664 cases were prosecuted, out of which 60 individuals were convicted. However, it notes that the Government does not indicate how many of these cases involved child victims. In Sindh, a total of 10,927 inspections were conducted under the Sindh Prohibition of Employment of Children Act, 2017, out of which 60 cases of child labour were found and prosecuted.

The Committee further notes the Government’s indication that, under section 17 of the Balochistan Employment of Children (Prohibition and Regulation) Act, 2021, whoever employs a child or permits a child, adolescent or young person to work in contravention of the Act shall be punishable by imprisonment for a term which may extend to one year or a fine which may extend to PKR 100,000 rupees (approximately US$350) or both. The Government indicates that three cases were tried on the basis of section 17 and that two of them were dismissed and a fine of PKR 2,200 was imposed (approximately US$7) for the other case. The Committee further notes the Government’s information that, in Balochistan: (1) the number of child labour inspectors will be increased; (2) labour inspectors received training on child labour and forced and bonded labour by the ILO in March 2022; and (3) further training was provided by UN Women in May 2022.

The Government indicates that, in KPK, to strengthen the labour inspection mechanism, various initiatives were undertaken, including: (1) the creation of new Labour Offices and new posts. Since 2010, the number of Labour Offices has increased from 9 to 34 and the number of labour inspectors increased from 40 to 133, whereas the total staff of the labour inspectorate increased from 165 to 591; (2) the creation of seven new offices for tribal districts with a total of 70 staff; (3) an ongoing Annual Development Schemes, “Enabled Directorate of Labour Khyber Pakhtunkhwa for Better Service Delivery” to strengthen the Labour Department and the labour courts for better and efficient service delivery; and (4) training of labour inspecting staff on various labour issues including child labour and forced labour as well as international labour standards. Finally, the Government indicates that under the Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015, in 2022, 368 cases of violations were found which resulted in various penalties being imposed for a total of PKR 385,862 (approximately US$1,300).

Once again, 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 observations of the APFTU made under the Worst Forms of Child Labour Convention, 1999 (No. 182), that child labour legislation is often violated because of the poor labour inspections and enforcement, and that the limited resources of the labour inspectorate do not permit the proper detection of forced and child labour. The Committee urges the Government to redouble its efforts to strengthen the capacity of the labour inspectorate, and requests it 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 notes that Pakistan participated in the Asia Regional Child Labour (ARC) ILO Project which aims to reduce vulnerability to child labour and enhance the protection of children from exploitation through, inter alia, the collection of data on child labour, capacity-building of stakeholders for the enforcement of relevant laws and advocating with businesses to eliminate child labour from supply chains. The Committee further notes the Government’s indication that child labour surveys are in progress in Balochistan and KPK. The Committee takes note of the Gilgit-Baltistan Child Labour Survey (CLS) 2018–19 Report and the Punjab CLS 2019–20 Report, published by the Pakistan Bureau of Statistics. The Gilit-Baltistan CLS Report shows an overall child labour incidence of 13.1 per cent. More specifically, child labour is at: (1) 4.2 per cent among children aged 5 to 9 years, including 2.6 per cent in hazardous work; (2) 16.4 per cent among children aged 10 to 13 years, including 12.4 per cent in hazardous work; and (3) 23.7 per cent of children aged 14 to 17 years are engaged in hazardous work. The Gilit-Baltistan CLS Report also highlights that: (1) most children in child labour work in the agricultural, forestry and fishing industry and are employed in elementary occupations; (2) industry wise, for boys, construction is the industry with the largest share of children exposed to health hazards, while for girls it is highest in the agriculture, forestry, and fishing industry; and (3) the most reported reason of the main respondents for letting their child work is to support household needs. From the Punjab CLS Report, the Committee notes that: (1) overall 13.4 per cent of children aged 5 to 14 years are engaged in child labour and 47.8 per cent of these children are working under hazardous conditions; and (2) 30.8 per cent of children aged 15 to 17 years are engaged in hazardous work. The Committee also notes the Sindh Multiple Indicator Cluster Survey 2018–19 which shows that: (1) 9.7 per cent of children aged 5 to 11 years are engaged in child labour; and (2) 20.6 per cent of those aged 12 to 14 years are engaged in child labour.

Once again, the Committee must express its deepconcern at the significant number of children under the minimum age who are still engaged in child labour, including in hazardous work. The Committee therefore urges the Government to take all 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 requests the Government to continue to provide updated statistical information on the nature, extent, and trends of child labour, including the child labour surveys for Balochistan and KPK once available.

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