2012

FINAL PROJECT OF LABOR LAW

PRESENTED TO: Prof. Amreen Awan PRESENTED BY: Maham Asif Maria Sultan Ghayyas Ud Din Zeeshan Ahmed (9304) (9309) (9384) (9382)

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3/14/2012

ACKNOWLEDGMENT

WE WOULD LIKE TO THANK THE ALMIGHTY ALLAH FOR GIVING US THE STRENGTH AND CAPABILITY FOR CARRYING OUT THIS RESEARCH. WE WOULD ALSO LIKE TO THANK PROF. AMBREEN AWAN FOR HER COOPERATION AND HELP FOR ANY QUERIES WE HAD REGARDING THIS ASSISNMENT.

DEDICATION

THIS REPORT IS DEDICATED TO OUR GRACIOUS AND BENEFICENT PARENTS AND TEACHERS. AFTER THE GRACE OF ALL MIGHTY ALLAH, WE ARE JUST BECAUSE OF THESE PHYSICAL AND SPIRITUAL PARENTS. AND THE LAST SPECIALLY THANK TO THE RESPECTED PROF.AMBREEN AWAN.

CHILD:

An individual who is under the age of 18 years based on the United Nations Convention on the Rights of the Child, 1989 and the ILO Convention on the Worst Forms of Child Labour (No. 182), 1999. Since it is commonly accepted that a child under five years of age is too young to be engaged in work or to start schooling, this national framework considers only the child population aged 5-17 years.

ECONOMICALLY ACTIVE CHILDREN: Children who are working or at work. They are children who work one or more hours for pay or profit or working without pay in a family farm or enterprise. Whether paid or unpaid, the activity or occupation could be in the formal or informal sector and in the urban or rural areas. Children engaged in unpaid activities in a market-oriented establishment operated by a relative living in the same household and children working as domestic workers in someone elses household are considered as economically active. However, children engaged in domestic chores within their own households are not considered as economically active.

IMPORTANCE OF A CHILD: God has given human beings the boon of wisdom and discretion to think upon the signs of the universe and to draw conclusions. That is the reason why they disclose the hidden facts of it and its structure and have made remarkable progress in many walks of life. Children are the flowers of heaven. They are the most beautiful and purest creation of God. They are innocent both inwardly and outwardly. No doubt, they are the beauty of this world. Early in the morning when the children put on different kinds of clothes and begin to go to schools for the sake of knowledge, we feel a specific kind of joy through their innocence But there are also other children, those who cannot go to schools due to financial problems, they only watch others go to schools and can merely wish to seek knowledge.It is due to many hindrances and difficulties; desperate conditions that they face in life. Having been forced to kill their aspirations, dreams and other wishes, they are pressed to earn a living for themselves and

for their families. It is also a fact that there are many children who play a key role in sustaining the economically life of their family without which, their families would not be able to make ends meet. These are also part of our society who have forgotten the pleasures of their childhood. When a child in addition to getting education, earns his livelihood, this act of earning a livelihood is called as child Labour. The concept of child Labour got much attention during the 1990s when European countries announced a ban on the goods of the less-developed countries because of child Labour. The International Labour Organization (ILO) defines child Labour as:

1- when a child is working during early age 2- he overworks or gives over time to Labour 3- he works due to the psychologically, socially, and materialistic pressure 4- he becomes ready to Labour on a very low pay

Another definition states: Child Labour is generally speaking work for children that harms them or exploits them in some way (physically, mentally, morally or blocking access to education), United Nations International Childrens Emergency Fund(UNICEF) defines child as anyone below the age of 18, and child Labour as some type of work performed by children below age 18. (UNICEF) Child Labour is an important and a serious global issue through which all and sundry countries of the world are directly or indirectly affected, but, it is very common in Latin America, Africa and Asia. According to some, in several Asian countries 1/10 manpower consists of child Labour. In India the number of children between the ages of 10-14 has crossed above 44 million, in Pakistan this number is from 8 to 10 million, in Bangladesh 8-12 million, in Brazil 7 million, whereas their number is 12 million in Nigeria. In Pakistan children aged 5-14 are above 40 million.During the last year, the Federal Bureau of Statistics released the results of its survey funded by ILOs IPEC (International Program on the Elimination of Child Labour). The findings were that 3.8 million children age group of 5-14

years are working in Pakistan out of total 40 million children in this age group; fifty percent of these economically active children are in age group of 5 to 9 years. Even out of these 3.8 million economically active children, 2.7 million were claimed to be working in the agriculture sector. Two million and four hundred thousand (73%) of them were said to be boys. FACTORS CAUSING CHILD LABOUR: It is an outcome of a multitude of socio-economic factors and has its roots in Poverty Lack of opportunities High rate of population growth Unemployment Uneven distribution of wealth and resources Outdated social customs and norms and plethora of other factors.

According to the United Nations Development Program (UNDP) the daily income of 65.5% people of Pakistan is below 2 U.S. dollars a day. According to the Asian Development Bank (ADB) Report, 47 million people in Pakistan are leading lines below the line of poverty, whereas the Social Policy Development Centre (SDPC) Karachi has stated in one of its reports that the ratio of poverty in Pakistan was 33% during 1999 that increased in 2001 and reached 38%. The ratio of poverty in the current year is around 30%. Consider the point that if 30% of our countrys total population is leading life below the povertyline wherein the people are deprived of basic necessities of life like clothing, shelter, food, education and medication, the children of these people will be forced to become Labourers or workers in order to survive. Another reason of child Labour in Pakistan is that our people dont have the security of social life. There is no aid plan or allowance for children in our country. Class-based education system is another reason for increasing child Labour; villages lack standardized education systems and as a result, child Labour is on increase in rural areas. The government has not put its laws into practice to stop child Labour in our country. Employers after exploiting child Labour, extract a large surplus, whereas child Labour, despite increasing

poverty, unemployment and other problems, are pressed to do anything and everything for their livelihood and the survival of their families Child Labour is a complex problem which demands a range of solutions. There is no better way to prevent child Labour than to make education compulsory. The West understood this a long time ago. Laws were enacted very early to secure continued education for working children; and now they have gone a step forward, and required completion of at least the preliminary education of the child before he or she starts work Martin Luther as back far 1524 sent a letter to German Municipalities insisting it was their duty to provide schools, and the duty of parents to educate their children. In Sweden, a royal decree in 1723 instructed parents and guardians to diligently see to it that their children applied themselves to book reading. In Europe, one country after another; Scotland, Prussia (1817), Austria (1869), France, United Kingdom (1880) and Italy made education compulsory. In 1872, Japan became the first non-Western country to make elementary school education compulsory with the declaration by the Meiji Govt.

Child Labour:

The concept of child labour is based on the ILO Minimum Age Convention (No. 138), 1973 which represents the most comprehensive international definition of minimum age for admission to employment or work, implying economic activity. Therefore, child labour consists of all children under 15 years of age who are economically active excluding (i) those who are under five years old and (ii) those between 12-14 years old who spend less than 14 hours a week on their jobs, unless their activities or occupations are hazardous by nature or circumstances. Added to this are 15-17 years old children in the worst forms of child labour. Child labour slated for abolition falls into three categories: 1. Labour that is performed by a child who is under the minimum age for that kind of work (as defined by national legislation, in accordance with accepted international standards), and that is thus likely to impede the childs education and full development (covered by C138);

2. Labour that jeopardizes the physical, mental, moral well-being of a child, either because of its nature or because of the conditions in which it is carried out, known as hazardous work (covered by both C138 and C182); and 3. Labour, which are internationally defined as slavery, trafficking, debt bondage and other forms of forced labour, forced recruitment of children for use in the armed conflict, prostitution and pornography, and illicit activities (covered by C182). 4. Worst Forms of Child Labour (WFCL) C182: The unconditional or predefined WFCL5. All forms of slavery or practices similar to slavery; such as the sale and trafficking of children, debt bondage or serfdom, as well as forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; 6. The use or procurement of a child for prostitution, for the production of pornography or for pornographic performances; The use, procurement or offering of child for illicit activities, in particular for the production and trafficking of drugs as defined in relevant international treaties (C 182). Literacy in Pakistan In Pakistan, the definition of literate is structured at the time of Population Census. In the 1998 Population Census, a literate person has been defined as One who can read newspaper and write a simple letter in any language. Close to half of the population of Pakistan is illiterate. According to Ministry of Education, the literacy rate of population 10 years and above was 53% in 2004-05 showing an annual growth ratio of 1.5% since 1998 Census.

Literacy Rates in Pakistan by Gender

Total Pakistan Punjab Sindh Urban Rural Total NWFP Baluchistan 53 55 72 38 56 45 37

Male 65 65 80 56 68 64 52

Female 40 45 62 18 41 26 19

Literacy rate in Pakistan is lower than even the neighboring countries. Women in villages of Sind are the least literate: only 18 % women in Rural Sindh are literate. Similarly the literacy rate of women in Baluchistan and NWFP is very low. Absence of educational facilities and lack of awareness are major causes of WFCL, therefore this concern needs to be addressed in development plans. According to PSLM Survey date (2006-07), the overall literacy rate (10 years & above was 55% in 2006-07 compared to 45% in PIHS (2001-02), indicating a 10 percentage points increase over a period of only six years. Male literacy rate increased from 58 percent in 2001 to 67 percent in 2006-07 while in increased from 32 to 42 percent for females during the same period, highlighting the gender gaps that still persist in access to education. Province wise literacy data (2006-07) show that Punjab stood at 58% followed by Sindh (55%), NWFP (47%) and Balochistan at 42%.

State of Education in Pakistan It is a well known fact that lack of education is a major cause of child labour. According to ILO school attendance imposes limits on the hours of work and the nature and conditions of work. Full-time school attendance is largely incompatible with the worst forms of child labour. In country after country the establishment of universal schooling up to the age of 14 has signaled

the effective demise of child labour. Poor or non existent educational facilities, cultural obstacles for enrollment of girls, non relevance of curricula to the needs of the poor segments of the society and inadequacy of vocational and skill training opportunities are some of the problems faced by education sector in Pakistan. Approximately six million children in primary education age bracket are out of school. Twothirds of children in ECE age group are not attending. Drop-out rate at primary level is as high as 40-50 %. On the other hand, the total public spending on education (by federal, provincial and district government) was only 2.21% of GDP during the year 2005-06. Majority of buildings need repairs. This is indicative of the neglect of education sector in the past and also highlights the impediment of lack of universal access to education. Situation in FANA is particularly dismal.

Youth Unemployment The state of youth unemployment and availability of decent jobs for the youth has a great bearing on the existence and size of WFCL in a country. It is a key measure of the labour market. There is a growing recognition of the need to address youth employment issues with some urgency. At the 2005 International Labour Conference (ILC) discussion on youth employment, ILO constituents concluded that there are also too many young workers who do not have access to decent work. A significant number of youth are underemployed, unemployed, seeking employment or between jobs, or working unacceptably long hours under informal, intermittent and insecure work arrangements, without the possibility of personal and professional development; working below their potential in low-paid, low-skilled jobs without prospects for career advancement; trapped in involuntary part-time, temporary, casual or seasonal employment; and frequently under poor and precarious conditions in the informal economy, both in rural and urban areas. For this purpose youth covers persons aged 15 to 24 years. The four measurements are: (a) youth unemployment rate (youth unemployment as a percentage of the youth labour force); (b) ratio of the youth unemployment rate to the adult unemployment rate; (c) youth unemployment as a proportion of total unemployment; and (d) youth unemployment as a proportion of the youth population. It will be seen in Table 1.7 that youth unemployment has decreased in 2005-06 as compared to 1999-2000. However, the success of

NTBP on WFCL will greatly depend on availability of decent work opportunities during the relevant timeframe. Global Situation of Child Labour According to the estimates of ILO there were about 317 million economically active children aged 5 to 17 in 2004; of them 218 million could be regarded as child labourers. Out of these, 126 million are thought to be in the WFCL that impedes the mental, physical, emotional and moral development of these children. The corresponding figures for the narrower age group of 5 to 14 years olds are 191 million economically active children, 166 million child labourers, and 74 million children in hazardous work. The number of child labourers in both age groups of 5-14 and 5-17 fell by 11 per cent over the four years from 2000 to 2004. However, the decline was much greater for those engaged in hazardous work: by 26 per cent for the 5-17 age group and 33 per cent for 5 to 14 years-olds. Boys continued to be more involved in dangerous jobs than girls. However, the decline was marginal in the Asia and Pacific region as it still has the largest number of child workers aged 5-14 years, i.e. about 122 million. ILO has attributed the reduction in child labour to increased political will and awareness and concrete action, particularly in the field of poverty reduction and mass education that has led to a worldwide movement against child labour. According to ILO with 122.3 million economically active children ages 5 to 14, Asia and the Pacific region has the highest number of working children worldwide. In the region several worst forms of child labour including child trafficking, commercial sexual exploitation, bonded child labour, child domestic work, hazardous child labour, and the recruitment and use of children for armed conflict or drug trafficking are prevalent. A high tolerance for child labour in many countries and political volatility and conflict in certain others (e.g. Afghanistan, Nepal, Indonesia and Sri Lanka) exacerbate the problem and can hinder the implementation of action against it. In addition, in Pakistan a large number of children are affected by devastating earthquake in Northern Areas and trouble in FATA.

Child Labour in Pakistan

Size of WFCL/CL In Pakistan, up to date national data on child labour is not available, particularly, numbers of working children and those engaged in WFCL are missing However, according to the last National Survey of Child Labour, the total number of children in Pakistan in the age groups of 514 was 40 million. The total number of economically active children was found to be 3.3 million (or 8.3% of the total children) in the country. 67% were engaged in agriculture while 11% were in Manufacturing. Majority of the child workers (73%) were found to be boys, while 27% were girls Majority of the child workers (58.6% or 1.94 million) were found in Punjab. The survey also found that childrens involvement in work in the rural areas is about 8 times greater than in the urban areas. One third of the working children are literate, boys being more educated than girls and urban children more than the rural children. Employment status by broad categories indicates that about 70% of the working children are unpaid family helpers. Significant urban-rural differentials are observed in their employment status. In rural areas, three fourth of the working children are working as unpaid family members, while in the urban areas this ratio is one third. About 46% of the working children work more than 35 hours per week and a good proportion work 56 hours or more. According to most of the parents surveyed, children work in order to assist in the household enterprises.

However, in the absence of up to date statistics on child labour it is difficult to calibrate the problem and its various facets.

Participation of Economically Active Children in the Labour Force of Pakistan

Although majority of the child workers were found in Punjab yet by the provincial comparison of the ratios of child labour as depicted in Table 1.9 the highest ratio was found in the NWFP. Ratio of economically active girls (23 %) to boys (73%) seems to be rather depressed, possibly due to invisibility of girl workers who are mostly engaged in domestic jobs.

Child Labour in Selected Industries and Sectors The Labour Department in Punjab has carried out a number of surveys of selected sectors and areas to assess the magnitude and different facets of child labour in different sectors of economy. The findings of these surveys have formed the basis of action programmes to eliminate

Results of Survey and Mapping of Child Labour S. No. Title of Survey Year Geographical Number Area/District of Child Child Labour as

Workers % of total workforce 1 Survey of child labour in the football manufacturing industry 2 Survey of child labour in the surgical instruments manufacturing industry 3 Survey of child labour in the brick kiln manufacturing in Sialkot District 4 Survey of child labour in autoworkshops in Sialkot District 5 Survey of child labour in the steel furnaces and spare parts manufacturing spare industry in Baghbanpura area of Lahore 6 Survey of child labour in tanneries in Kasur 7 Kids of Textile Paradise- A survey of Power loom child workers in Faisalabad 8 A survey of child labour in auto workshops in Lahore 9 Child Labour in Light Engineering Industry in Gujranwala 1999 Gujranwala 4531 17% 1999 Lahore 3378 18% 1999 Faisalabad 2100 5% 1998 Kasur 167 7% 1998 Lahore 123 27% 1998 Sialkot 5221 60% 1998 Sialkot 2740 16% 1996 Sialkot 7700 31% 1996 Sialkot 7000 17%

Hazardous Child Labour in key sectors Subsequent to the ratification of ILO Convention 182 on Worst Forms of Child Labour and identification of hazardous processes for child labour by the stake holders, a number of surveys were commissioned by ILO to assess the number of children involved in the hazardous sectors of economy, which would form basis for project planning in these sectors. The findings of major surveys and studies are presented below: Carpet Weaving The survey of Carpet Industry in Punjab in year 2001 estimated that there were 95,204 carpet weaving households in Punjab. The estimated population of carpet weaving children aged 5-14 years in Punjab was 107,065: female children 62,904 and male children 44,161. According to another survey of child labour in the carpet weaving industry in Sind Province, there are over 25,752 carpet weaving households in the Sind province and there are an estimated 33,735 carpet weaving children. Of these carpet weaving children, 24,023 (71 percent) are estimated to be below 14 years of age and 9,712 (29 percent) below 18 years of age. As per survey of child labour in carpet weaving industry in NWFP the number of Carpet Weaving Households and Carpet Weaving Children in the Province are 9,495 & 41,603 respectively (CWC in Peshawar 10895, Noweshra 29761 and Mardan 947). It has been established that over 95% carpet weaving activities are undertaken by Afghans in NWFP in the districts of Peshawar, Nowshera and Mardan only. Another peculiar feature in NWFP is that the carpet weaving is predominantly done in the Afghan refugees camps. According to Base Line Surveys (BLSs) of child labour carried out in some hazardous sectors of economy a sizeable incidence of child labour was evident in all industries covered with estimated 700-750 in tanneries, 5,800 in surgical tools manufacturing, and 9,800-10,000 in glass bangles industry. The coal mines of Chirat, Nowshera, (750) and Chakwal (100) had relatively lesser number, particularly, of younger children. Another study of rag pickers found that there are 89500-106500 children working as rag pickers in 5 major cities of Pakistan. According to a study of child labour in deep sea fishing sector the extent of child labour in deep sea fishing sector in Baluchistan in the age limit of 5 to 18 years was 38 percent. There were, however, significant variations across locations. At Daam, which is nearer to Karachi, the extent

of child labour was around 13 percent whereas in remote localities like Ormara or Jiwani it was above 45 percent. The area had a total population of 34,427 fishermen in 1998.

National Policy and Plan of Action on Child Labour In the year 2001, the MoL launched a National Plan of Action for the Elimination of Child Labour. This Plan is a major effort aiming to formulate a policy for eradicating child labour at the macro level. The policy set out in the Plan includes: progressive elimination of child labour from all sectors of employment; immediate eradication of the worst forms of child labour; formation of a regular monitoring and inspection system to supervise implementation of the National Plan of Action; prevention of entry into the labour market of underage children by offering educational opportunities ensuring at least a primary-level (5th grade) education and the teaching of vocational skills to target children. The Plan outlines the roles to be played by government agencies, NGOs, trade unions and international agencies in combating child labour. Already a fund of Rs. 100 million has been set up under the Plan for the rehabilitation of bonded labour and education of child labour (BLF). Following are the major focal areas of National Policy and Plan of Action on Child Labour: 1. Constitution of Provincial Task Forces/Programme Advisory Committees to monitor withdrawal of children from hazardous and exploitative child labour 2. Awareness raising through press, media seminars community involvement and highlighting all international occasions 3. Strengthening inspection services by providing adequate logistic facilities 4. Survey by Provincial Governments on Occupations, sectors and industries having potential hazards for child workers and identification of children involved Preparing plan for withdrawal of children from workplaces by prioritizing the process by category and severity of the hazard 5. Action on primary education centres by Departments of Education and Labour and Pakistan Bait-ul-Mal 6. Expansion and Strengthening of Infrastructure for Vocational/technical training of children 10-14 years of age withdrawn from workplaces 7. Economic and Social rehabilitation

8. Complete withdrawal of children from hazardous and exploitative labour through economic and social rehabilitation 9. Conducting surveys for assessment and evaluation 10. Expansion of educational facilities to achieve 100% enrolment of children of primary school age group 11. Launching of crash literacy programmes for school dropouts 12. Introduction of apprenticeship, vocational and skill development programmes for children in non-hazardous occupations 13. Poverty Alleviation 14. Expansion of Social Safety Net

It is hoped that this Plan will lay the foundation for tangible action to eliminate child labour, and will help focus the efforts of government and other agencies on this issue.

ILO Convention 182 on Worst forms of Child Labour and Convention 138 ILO Convention 182 titled Worst Forms of Child Labour Convention-1999, Recommendation 190 and ILO Convention 138 are the basic international documents that enshrine the principles and parameters to check and eliminate WFCL. Convention 182 aims at prohibition and immediate action for the elimination of the worst forms of child labour. It defines the child as a person below the age of 18 years. Article 3 of the Convention outlines the types of worst forms of child labour. Article 3 (d) provides parameters of the types of economic activities which may be considered as hazardous. This article reads as: 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 This convention has been ratified at the fastest ever pace and is now almost a universally adopted convention 165 countries have ratified it. This article is further elaborated under the Recommendation 190 of the ILO: 1. work which exposes children to physical, psychological or sexual abuse; 2. work underground, under water, at dangerous heights or in confined spaces; 3. work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads;

4. work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and 5. work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. 6. For the elimination of WFCL, Convention No. 182 requires ratifying member States to: 7. apply the Convention to children under 18; 8. take immediate and effective measures to prohibit and eliminate the worst forms of child labour; 9. designate monitoring mechanisms; 10. adopt programmes of action; 11. ensure effective enforcement, including penal or other sanctions; 12. take preventative measures for the removal from work, rehabilitation and social integration of the children concerned; 13. ensure access to free basic education; 14. take action of the special situation of girls; and 15. take steps to assist each other through international cooperation and/or assistance. 16. Recommendation No. 190 also postulates the design and implementation of national programmes of action which aim at: 17. Identification and denunciation of the worst forms of child labour; 18. Preventive action and the removal from work, rehabilitation and social integration of the children concerned through measures that address their educational, physical and psychological needs; 19. Giving special attention to younger children, girls, hidden work in which girls are at special risk; and children with special vulnerabilities or needs; 20. Identifying, reaching out to and working with communities where children are at risk; 21. Raising awareness and mobilizing society; 22. Determination of the types of work that are hazardous; 23. Compilation of data; 24. Establishment of monitoring mechanisms to ensure effective implementation;

25. Designation of certain of the worst forms of child labour as criminal offences; and 26. Effective enforcement measures. ILOs Minimum Age Convention 138 This Convention along with Convention 182 forms the backbone of Core Conventions of ILO. It has been ratified by 150 countries so far. Pakistan ratified it in 2006 by accepting 14 years as the minimum age for employment. This Convention provides various age brackets for different kinds of activities by children. This Convention required the ratifying states to fix the minimum age for employment at 15 years. However countries whose economy and educational facilities are not well developed may, after consultation with the organizations of employers and workers can fix 14 years as the minimum age for employment. Children can perform light work at the age of 12 years while they are enrolled at schools. The age limit for hazardous types of work is 18 years. Convention 138 requires ILO member States to publicly commit themselves to the total elimination of all forms of child labour. The overall objective should be the protection of the full physical, mental, sexual, spiritual etc development of boys and girls during their formative stage. It also requires the states to lay down in law and enforce a system of minimum ages below which boys or girls should not be admitted to work. ILO Convention No.138 on the Minimum Age Employment requires the ratifying countries to take concerted measures and run multi-pronged programmes for elimination of WFCL. Hazards involved in childrens work due both to the nature of the work (using welding torches, scavenging, grinding or glazing of metals, working with tobacco, chemicals, and other poisonous materials etc.) as well as the circumstances (excessive hours, night work, and confinement) in which it is carried out can hamper a childs development or worse leaving him or her stunted, deformed, or disabled to work for future. Child Labour related ILO Conventions ratified by Pakistan The parameters and stipulations embodied in these conventions are shaping the relevant legislations, strategies, policies and programmes of countries. So far, Pakistan has ratified 36 Conventions of ILO, of these following are the conventions related to the protection of rights of children, young workers.

Sr.No. of Convention C6

Name of the Convention

Date of Ratification

Night Work of Young Persons & (Industry) Convention, 1919

14.07.1921 & By Govt. of British India)

C29 C59 C81 C90

Forced Labour Convention, 1930 Minimum Age (Industry) Convention (Revised), 1937 Labour Inspection Convention, 1947 Night Work of Young Persons (Industry) Convention (Revised), 1948

23.12.1957 26.05.1955 10.10.1953 14.02.1951

C105 C182 CRC C138

Abolition of Forced Labour Convention, 1957 Worst Form of Child Labour Convention, 1999 UN Convention on the Rights of the Child (1989) ILO Convention on Minimum Age for Workers (1973)

15.02.1960 11.10.2001

06.07.2006

National Laws related to Child Labour In Pakistan, the issue of CL/WFCL has been addressed in a number of pieces of national legislation. Following are the main laws on the issue: 1. Constitution of Pakistan (Article 11 prohibits work by children below 14 in factories, mines or hazardous work) 2. Factories Act 1934 (prohibits employment of children under 14 in factories) 3. Shops & Establishments Ordinance 1969 (prohibits employment of children under 14 in shops and commercial enterprises). 4. Employment of Children Act 1991, prohibits employment of children in certain occupations/processes, and regulates childrens employment in other sectors. 5. Mines Act, 1923 (prohibits employment of persons less than 14 years near mines, and under 18 in underground mines.) 6. The Shops and Establishments Ordinance, 1969 (section 20 prohibits employment of children in shops and establishments; this a punishable offence)

7. Road Transport Workers Ordinance (prohibits employment of under 18 years person in any transport related work and under 21 as drivers) 8. Bonded Labour System (Abolition) Act, 1992 (prohibits employment of children in lieu of loan or peshgi).

9. Employment of Children Act, 1991 10. This Act is the main law regulating the employment of children in industry and businesses. This law governs the conditions for employment of children in safer types of work, their rights including working hours, rest breaks and other rights. A number of occupational and processes have been prohibited. 11. Child is a person below 14 years of age 12. No child shall be employed or permitted to work in any of the occupations and processes listed below: 13. A penalty of imprisonment up to one year / or a fine of up to Rs.20, 000/- is prescribed for initial violation of the law. 14. Any person, police officer or Inspector may file a complaint of the commission of an offence under this Act in any court of competent jurisdiction. THE SCHEDULE PART I OCCUPATIONS Any occupation connected with __ (1) transport of passengers, goods or mail; (2) work in catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from one platform to another or into or out of a moving train; (3) work relating to the construction of railway station or with any other work where such work is done in close proximity to or between the railway lines; and (4) a port authority within the limits of any port.

PART II PROCESSES

(1) Work inside underground mines and above ground quarries including blasting and assisting in blasting. (2) Work with power driven cutting machinery like saws, shears, guillotines and agricultural machines, thrashers, fodder cutting machines. (3) Work with live electrical wires over 50 volts. (4) All operations related to leather tanning process e.g., soaking, dehairing, liming, chrome tanning, deliming, pickling, defleshing, ink application. (5) Mixing and manufacture of pesticides and insecticides; and fumigation. (6) Sandblasting and other work involving exposure to free silica. (7) Work with exposure to all toxic, explosive and carcinogenic chemicals e.g., asbestos, benezene, ammonia, chlorine, manganese, cadmium, sulphur dioxide, hydrogen sulphide, sulphuric acid, hydrochloric acid, nitric acid, caustic soda, phosphorus, benezidene dyes, isocyanates, carbon tetrachloride, carbon disulphide, epoxy resins, formaldehyde, metal fumes, heavy metals like nickel, mercury chromium, lead, arsenic, beryllium, fiber glass. (8) Work with exposure to cement dust in cement industry. (9) Work with exposure to coal dust. (10) Manufacture and sale of fireworks and explosives. (11) Work at the sites where liquid petroleum gas (LPG) and compressed natural gas (CNG) is filled in cylinders.

(12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28) (29) (30)

Work on glass and metal furnaces; and glass bangles manufacturing. Work in the cloth weaving, printing, dyeing and finishing sections. Work inside sewer pipelines, pits and storage tanks. Stone crushing. Lifting and carrying of heavy weight (15kg and above) specially in transport industry. Carpet weaving. Working two meters or more above the floor. All scavenging including hospital waste. Tobacco processing and manufacturing including niswar and bidi making. Deep-sea fishing, commercial fishing and processing of fish and seafood. Sheep casing and wool industry. Ship breaking. Surgical instruments manufacturing specially in vendors workshops Spice grinding. Work in boiler house. Work in cinemas, mini cinemas and cyber clubs. Mica-cutting and splitting. Shellac manufacturing. Soap manufacture.

(31) (32) (33) (34)

Wool cleaning Building and construction industry. Manufacture of pencils including packing. Manufacture of products from agate.

MAJOR PROGRAMMES ON CHILD LABOUR IN PAKISTAN:

Pakistan Bait ul Mal Supported Programme on Child Labour The Pakistan Bait-ul-Mal (PBM), an autonomous body set up through an Act of Parliament in 1991, functions under the umbrella of Ministry of Womens Development, Social Welfare and Special Education. PBM is significantly contributing toward poverty alleviation through its services focused on poorest of the poor and providing assistance to destitute, widows, orphans, invalid, infirm & other needy persons. Its key objective is to provide social protection to the poor marginalized segments of the society. National Centre(s) for Rehabilitation of Child Labour (NCsRCL) have been established countrywide by PBM since 1995. Children between the ages of 5-14 years are weaned away from hazardous labour and enrolled in these centers, where they are provided free education, clothing, footwear and stipend as well as subsistence allowance to their parents. Presently there are 151 Centers in Punjab, 66 in Sindh, 36 in NWFP and FATA, 25 in Balochistan and 14 in Azad Kashmir and Capital Territory of Islamabad, and 15,045 students are benefiting from primary education in these centers. Since inception of the programme, an amount of Rs. 716.2464 million has been utilized. Up till now 5,225 students have been passed out and 4,497 have been admitted in government schools for further education. 137 VTCs have been established throughout the country including Azad Kashmir & Northern Areas. These centers are providing free training to widows, orphan & poor girls in marketable skills. Up till now 22,207 students have been trained from these centers. Salient Features of PBM Rehabilitation Centers for Child Labour: o Standard student strength per centre is 120

o Daily stipend @ Rs.10/- on attendance basis is paid to each student through the parents accounts. o Parents receive subsistence allowance @ Rs.300/- per month as wage compensation o Primary level syllabus is taught in 4 years through informal education o Summer vacations and local holidays are not observed o At present 15,045 students are enrolled and 9576 have passed out o So far 7688 passed out students have been admitted in Government schools o Rs.4100 per annum are spent by PBM for further education of the passed out students i.e. Rs.1200/- per annum as education stipend, Rs.500/- for purchase of books & stationery and subsistence allowance for the parents @ Rs.2400/-. Educational Voucher Scheme of the Punjab Educational Foundation (PEF) The PEF was established under the Punjab Education Foundation Act of 1991 as an autonomous statutory body to encourage and promote education in the private sector operating on noncommercial/ non-profit basis The Vision of the Foundation is The promotion of Quality Education through Public Private Partnership, encouraging and supporting the efforts of private sector through technical and financial assistance, innovating and developing new instruments to champion wider educational opportunities at affordable cost to the poor. Education Voucher Scheme (EVS) is one of PEFs unique programs, which aims to provide quality education to children with weak educational prospects of marginalized and less affluent areas in urban slums and shanty towns of Punjab. This programme is targeting the children vulnerable to child labour. Under this scheme, the PEF provides a stipend of Rs. 300/- per month to a private school for each child enrolled in the low income localities. So far this scheme is being implemented in 35 private schools in 5 low income areas in Lahore in Punjab province. Child Protection Bureau Punjab Run Centers for Rehabilitation Of Child Trafficking and Street Children Home Department Government of Punjab established a Child Protection and Welfare Bureau (CPWB) in 2004 in Lahore in pursuance of Article3, 20, 30, 0f CRC. It provides care, rehabilitation, education and training to destitute and neglected children. It is working inter alia to protect children from criminals. The institution provides food and shelter and arranges

reunification of these children with their parents and siblings and endeavors to make useful citizens. It also manages to arrange health and recreational services. A Child Helpline has also been set up to provide guidance, coordination for their rescue and protective custody. Further, it runs an outreach programme. Sixteen notorious gangs of internal traffickers were caught and convicted. The Punjab Destitute and Neglected Children Act 2004 has been promulgated to provide a comprehensive legal framework for protective custody, care rehabilitation and institutional arrangements. Seven Child Protection Institutions are being established at other big cities under the umbrella of CPWB): Gujranwala, Faisalabd, Rawalpindi, Sialkot, and Rahimyar Khan. It has also reunited with their families 308 child camel jockeys who were rescued from UAE.

ILO-IPEC run programmes on Child Labour Through IPEC, the ILO assists in building national capacity to deal with child labour and providing policy advice. In addition, through direct action, the Programme over the past decade has reached some 5 million children. These initiatives have played a significant catalytic role, both in mobilizing action and demonstrating how child labour can be eliminated. IPEC designed and funded a series of action programmes and mini programmes to address child labour issues in various sectors with a diverse group of implementing partners all over the country. The sectors where initial IPEC interventions were made included carpet weaving, auto workshops, leather tanning, street children, beggars, and child domestic workers. The action programmes were implemented in collaboration with government departments, trade unions, employers associations, and civil society organizations. A number of action oriented projects targeting specific sectors of industries in Punjab have been launched by Government of Pakistan with the assistance of ILO, employers organizations, workers organizations and other stakeholders.

A detailed description of some of the major ILO-IPEC supported projects is given below: Elimination of Child Labour in the Soccer Ball Industry in Sialkot This project was launched in 1997. During the project, 10,572 soccer ball stitching children were provided non-formal education, among which 5,838 have been mainstreamed into formal schools. IPEC set up an external monitoring system to ensure the elimination of child labour in

the stitching centers of participating manufacturers. The goal was achieved successfully primarily because of the active participation and contribution of the members of Sialkot Chamber of Commerce and Industry (SCCI). The soccer ball project has been one of the most innovative programmes of IPEC in many ways. First, it has brought together a number of stakeholders, including the local manufacturers and the SCCI, NGOs, and international organizations. All these organizations have been working together to fulfill a common objective the prevention and elimination of child labour in the soccer ball industry in particular, and in Sialkot in general. The programme received wide publicity and created awareness on how to address the child labour problem within Pakistan and abroad.

Combating Child Labour in the Carpet Industry in Pakistan In 1998, the Pakistan Carpet Manufacturers and Exporters Association (PCMEA) entered into a Partners Agreement with ILO-IPEC to combat child labour in the carpet industry in Pakistan. Within the framework of that Agreement, and drawing upon an earlier experience in combating child labour in the soccer ball industry, the project entitled, Combating Child Labour in the Carpet Industry in Pakistan was launched in 1999 with financial support from US Department of Labour and PCMEA. The PCMEA has so far contributed US$ 1.8 million and has committed another US$ 1.2 million to continue the program. The project is in its second phase now and has helped fight child labour from carpet-weaving sector in 10 districts of Punjab. A remarkable feature of the project is the active participation and contribution of funds by an employers association, the PCMEA. The PCMEA is working in close collaboration with the IPEC project management to establish an internal monitoring system. The project objectives were pursued through two interrelated components, namely, Prevention and Monitoringand Social Protection. Under the prevention and monitoring component, involvement of child labour was noticed / identified and efforts made to ensure their removal from carpet-weaving as well as enrolment in non-formal education classes, conducted in the project-supported education centers located throughout the target districts. The non-formal education programme comprises the main part of the social protection component of the project, together with the provision of pre-vocational education to older carpet weaving children, as well as extending support for income-generating activities to carpet weaving families. Over a period

of 9 years, the project has contributed significantly towards elimination of child labour from the carpet weaving sector, as over 26000 carpet weaving children and their young siblings have been rehabilitated through non formal education through the project. The monitoring component of the project has verified that owing to their attendance in non-formal education classes, these children were being removed and prevented gradually from weaving carpets. The major achievements of both phases of this project are highlighted below:

Progress of Phase-I o 306 Non Formal Education (NFE) centers established under the Project completed their NFE cycle on 31 August 2003. o 10,261 children (8,681 carpet-weavers consisting of 7,238 girls and 1,443 boys; and 1,580 younger siblings consisting of 1,187 girls and 393 boys) have graduated from the NFE centers. o 1,560 children from NFE centers have been mainstreamed into the formal education system, thus completely withdrawn from carpet weaving. o 2,167 monitoring visits were conducted by the ILO-IPEC monitors in the NFE centers to monitor children attending NFEs. o 2,879 monitoring visits were conducted in the households and carpet-weaving sheds by the ILO-IPEC monitors to verify the absence of child labour. o Working hours of children were reduced by four to five hours daily (on average). o 228 contractors joined Village Education Committees or VECs. o 187 VEFs (Village Education Fund) established in the project areas with the community contribution of Rs. 245,909 (USD 4,314) to benefit 228 NFE centers in 137 villages. o 31 trainers have been trained, in collaboration with government training institutes reserved for females (called Sanatzars) of Punjab Social Welfare Department. o A study on Occupational Safety and Health (OSH) Risk Assessment of Child Workers in the Carpet Industry conducted by the Center for the Improvement of Working Conditions & Environment, Punjab Labour Department, recommended: gradual reduction in working hours of the children, awareness raising for employers/ parents/communities etc., providing basic healthcare facilities to working children, improving working

conditions and environment, and designing ergonomic loom to minimize discomfort in carpet weaving for adult labour. o A programme on health screening and treatment of common ailments suffered by carpetweaving children was also implemented. Under this 8,710 children have been examined and provided with medication for common ailments related to carpet weaving; such as respiratory congestions, skin diseases and painful hands and legs. 100 awareness raising sessions have been conducted for 9,620 participants (66% females) consisting of parents, community leaders, contractors & children. Awareness raising material consisting 3 training videos, 3 booklets and around 24,000 posters produced focusing on OSH. o Progress of Phase-II o 7,840 children (6,623 carpet-weavers consisting of 5,614 girls and 1,009 boys; and 1,217 younger siblings consisting of 959 girls and 258 boys) have graduated from 240 centers for Education and Support Services (ESS); o A total of 6,308 children (5,235 girls and 1,073 boys) have been mainstreamed into formal schools (77 percent of total). Out of these 80 percent are girls, which reflects the level of awareness raised in the parents about the importance of their childrens education, especially of girls; o 150 VEFs (Village Education Fund) established in the project areas with the community contribution of Rs. 231,980 to benefit 186 ESS centers in 113 villages. o The Income-Generation and Micro-Credit Programme o Micro-Credit of around Rs. 22,174,000 (USD 369,667) was disbursed to 1958 adult female members of the families of children enrolled in the NFE centers. o 340 new family enterprises, such as small grocery shops, cow milking, bangle selling, embroidery etc., were established. o 1,567 families were provided with income generation skill training. o Pre-Vocational Education

o 123 PVE centers were established in the selected areas of Sheikhupura, Faisalabad, Toba Tek Singh and Multan districts, in which 3,161 children were enrolled. o Training in four basic trades i.e. tailoring, embroidery, tie & dye, and carpet designing was provided. o Networking with Pre-Vocational Education providers such as Sanat Zar in the relevant districts, were establish for the possible mainstreaming of the trained children to formal systems. o Combating Hazardous and Exploitative Child Labour in Surgical Instruments Manufacturing o This project has been implemented by ILO with the help of Italian Government and Surgical Instruments Manufacturers Association of Pakistan (SIMAP) in Sialkot district of Punjab. The project was aimed to: o Withdraw children from surgical instruments manufacturing, prevent their entry into surgical instruments manufacturing and provide appropriate rehabilitation, prevention, and protection to the children and families targeted by the programme; o Strengthen the capacity of the social partners (employers and workers organizations) to prevent and progressively eliminate child labour in the surgical instruments industry. o Over a period of two years, the project has contributed to the reduction of child labour in this sector. Under its direct action programmes, 1,496 children employed in surgical instruments production workshops have been provided non-formal education and prevocational training. Attendance in these programmes has resulted in substantially reduced working hours for the children. In its second phase, the project has been expanded to cover larger numbers of children. Around 1,200 children, aged 14 years and below, working in the surgical instruments industry in Sialkot district, have been targeted to benefit from the project through the provisions of non-formal education, pre-vocational training and other support services. The second phase of the project has been successfully completed.

Project of Support for the National Time-Bound Programme (TBP) to Help Eliminate the Worst Forms of Child Labour from Pakistan

In November 2003, IPEC launched its new initiative, called Project of Support for the National Time Bound Programme (TBP) to Help Eliminate the Worst Forms of Child Labour from Pakistan. This Project of Support aims at assisting the Government of Pakistan to concretize its national TBP to implement the ILO Convention No. 182 and eliminate the worst forms of child labour. The Project has both upstream and downstream interventions. In its downstream intervention, the Project directly targets the community level through the provision of social protection to an estimated 11,800 children working in hazardous sectors by providing non-formal education, literacy, pre-vocational and skills training in non-hazardous occupations, and awareness of occupational safety and health (OSH) related issues, in seven targeted districts across the four provinces of Pakistan. Via the upstream interventions, the Project has assisted the Government of Pakistan in revising the Employment of Children Act, 1991, the National Policy and the Plan of Action to Combat Child Labour to reflect the Governments commitment under the ILO Convention No. 182, apart from other policy level interventions.

Combating Child Labour through Education and Training in the North West Frontier Province

Based in Peshawar in the NWFP province, this project successfully combines removal from hazardous work through rehabilitation and skills training for adolescents, with prevention of child labour through the mobilization of teachers and development of curriculum in primary schools. The project currently covers four districts of the NWFP Peshawar, Nowshera, Charsadda, and Mardan. The project is well placed to develop effective strategies to combat child labour. It combines both governmental and non-governmental organizations to work in harmony for the cause. The project is contributing towards: o Production of skilled manpower; o Raising basic educational levels for an intelligent citizenship; o Increasing participation and retention of children in schools, particularly girls, during the basic education cycle;

o Providing a more acceptable educational environment for the age range of affected children.

Pak Swedish Teachers Association Pak Swedish Teachers Association (PSTA) is a non government organization, which has launched major initiative to combat child labour and empower the adult workers at brick kilns in Punjab. PSTA is responsible for education of more than 25,000 students in 460 schools in brick kiln localities, along with 180 adult centers at brick kilns and 250 primary & middle/high schools in the Punjab. PSTA schools are sponsored by the communities. Its health program covers more than 40,000 brick kiln workers & their families, including vaccination services, parenting advice and family planning. It specially covers health issues concerning infants, mothers and paves way for a more peaceful and regular life style for these poor people. The Lunch Program of PSTA has enabled withdrawal of more than 1,200 child workers from more than 45 targeted brick kilns localities. Parent Committees of the centers are provided funds on weekly basis to provide lunch to the school children after school is over. This care and help that PSTA offers people is to convince them that their children are receiving the basics for which they had to struggle so hard. Therefore the family employment rate has decreased.

CONCLUSION:

The present government in Pakistan has made elementary education compulsory. Along with this, the government has distributed free books in primary schools so that parents, who cannot afford their childrens school expenses, send their children to schools. The major point is that this decision must be acted upon at all levels. There is strict need to stop child Labour in this country. Awareness must be raised and the attention of parents ought to be diverted to the education of their children. Child Labour Laws should be put into practice strictly. In addition, the educational system of the country-must be reshaped and restructured according to national development goals. The orphans and other deserving children must be helped financially on a prolonged basis. It is also essential to eliminate child Labour from the country, that the political, economical and social system of the country are need to be reshaped and such steps taken that make child Labour in this country a crime. They should bring on the well-being of a lay man, good governance and end to exploitative thinking. If we succeed to act upon these principles, our country can easily get rid of this problem i.e. child Labour. The agreement that has recently been approved by Pakistan, Norway and ILO to eradicate child Labour must be given importance and we hope that our rulers must put this agreement into practice using all means at their disposal