Child Labor

The International Labor Organization (ILO) figures on child labor released in 2014 show a staggering

decline in the number of underage workers around the world. The organization reports that the number of

children engaged in work activities has been reduced by one third since 2000: it is estimated that there are

168 million child laborers globally, a considerable reduction from the year 2000 figure of 218 million

child laborers around the world. There has also been a reported decline in the number of children engaged

in hazardous occupations which are especially detrimental to their physical and emotional development.

The number of such children has decreased from 171 million in 2000 to 85 million in 20141. These

figures point to the fact that the efforts of the international community to counteract employment of

underage children through a combination of research and awareness, community mobilization, stringent

regulations on industries, national and international laws and conventions on child labor, and promotion

of civil society initiatives are proving effective.

There is still a long way to go as millions of children around the world (especially in developing

countries) are employed under terms and conditions bordering on slavery. ILO statistics highlight that the

largest number of underage workers (around 78 million) belong to Asia and the Pacific region. Similarly,

the agriculture sector remains the predominant employer of underage workers as almost 98 million2

children around the world are working on farms as wage laborers or under conditions of debt bondage.

Furthermore, the work of children on farms and other informal sectors of the economy remains largely

unmonitored, exposing them to economic exploitation and (in some cases) life threatening scenarios due

to hazardous working conditions.

Fluctuations in the global economy have also contributed to increased employment of children, especially

in the manufacturing sector. Global competition for trade and structural readjustment policies linked with

development aid act as major obstacles in the enforcement of child labor laws and policies in the

developing world. As multi-national corporations and manufacturing industry expand across borders; cut-

throat competition between them forces industry owners and manufacturers to look for cheap sources of

labor to maximize profits resulting in the employment of children3. These developments call for concerted

actions by the international community and national governments to protect children from being engaged

in work activities that can jeopardize their right to education and undermine their future.

Child Labor in Pakistan

Pakistan has consistently faltered to ensure equitable development, rule of law and protection of human

rights throughout its history as an independent nation state. A glaring example of years of neglect in the

above mentioned areas is the continued prevalence of child labor in the country. There are no official

national statistics on underage employment in the country as the last (and only) National Child Labor

Survey was conducted in 1996 which estimated that there were 3.3 million child laborers in the country.

Since then, various sources have projected a significantly larger number of child laborers in Pakistan at 12

1 International Program on the Elimination of Child Labor (IPEC) ‘Facts and Figures’. International Labour

Organization, ILO. Web. 2015

http://www.ilo.org/ipec/lang--en/index.htm#a1 2 Ibid

3 Child Labor Public Education Project. University of Iowa. Web. 2015

https://www.continuetolearn.uiowa.edu/laborctr/child_labor/about/global_economy.html

million (ILO), 10 million (UNICEF) and 9.86 million (Child Rights Movement)4. In 2014, the Punjab

Labor Department informed SPARC that efforts were underway to undertake the province’s first ever

child labor survey after the 18th Constitutional Amendment. In 2014, the survey remained in the planning

stages whereby the Labor Department remained engaged with the Punjab Bureau of Statistics to finalize

the survey methodology.

Globally, Pakistan has been ranked number three in the world with high prevalence of forced and child

labor along with human trafficking. A Global Slavery Index Report 2013 released by the Walk Free

Association of Australia revealed that Pakistan is home to 2 million people living who are living

conditions of debt bondage, trafficking, forced marriage and forced labor. The total number of people

living in similar conditions around the world is approximately 29.8 million. A sizeable number of these

people include children who are toiling under appalling work conditions5.

Apart from poverty, rising inflation rates, deteriorating security situation, natural disaster, and poor

enforcement of laws and policies; the burgeoning informal sector remains a major impediment against the

complete eradication of child labor in Pakistan. More than 70% of the labor force in the country is

employed in the informal sector; and out of the total of 57 million workers, only five percent are actually

working in the organized formal sector of the economy6. The informal sector remains unmonitored by the

already overburdened labor inspectorate, allowing child labor to thrive unchecked. Furthermore, stringent

policies and legislation against child labor have transformed into ‘good practices’ in the industrial sector

and regulate international trade.

In June 2014, a report claimed that Pakistan was set to lose millions of rupees in export revenue because

of the high prevalence of child labor in the textile industry. In January 2014, Pakistan qualified for the

Generalized System of Preference (GSP) in one of the biggest international trading blocs- the European

Union. After this, EU will review the implementation of 27 international conventions on human rights,

labor rights, environment and good governance in Pakistan: out of these 27 conventions, eight are related

to labor laws with one dealing specifically with worst forms of child labor. The prevalence of child labor

in the formal industrial sector will come under increased scrutiny to ensure that industrial production in

Pakistan follows international best practices. The weak implementation of various labor laws and policies

has already caused major economic losses to the country. Walt Disney, the US entertainment Giant has

stopped importing textile products from Pakistan citing poor implementation of labor laws and policies.

The US company’s decision will cost an annual loss of $150-200 million dollars in earnings7.

Child labor in Pakistan is manifested in various forms, some more exploitative than others but each

affecting a child’s capacity to live a stable physical and emotional life. The more extreme forms of child

labor involve children being employed in conditions of slavery where they are forced to work in life

threatening conditions. These forms of underage employment are practiced in brick kilns, farms, coal

mines, streets, and homes (domestic servitude), all of which fall in the informal economic sector which

remains unmonitored by state authorities, allowing employers to capitalize on children’s poverty and

4 Child Labor. The State of Pakistan’s Children 2013. Islamabad. SPARC Publications. 2014. Print.

5 Hussain, A. Slaves to Inaction. The News International.Print. 2 February 2014.

6 Ibid

7 Zaheer, F. Pakistan to lose millions if it doesn’t abide by laws. The Express Tribune. Print. 16 June 2014.

desperation by setting up exploitative terms of employment. The next section will discuss the various

forms of child labor prevalent in the country and the administrative/legislative measures (if any) to

address the issue.

Child Labor Legislation

The Employment of Children Act (ECA) 1991

The ECA was passed by the National Assembly of Pakistan in 1991. Till date, it remains the country’s

apex legislation against the employment of underage children. The Law will remain in force until the

provinces pass their own laws against child labor. The Employment of Children Act defines a child as a

person below 14 years of age and an adolescent as a person below 18 years of age (but older than 14

years). To bring this law in line with Article 25A, the labor laws need to be amended to increase this

minimum age of employment from 14 years to 16 years. Keeping in line with ILO C138, the law provides

exceptions where a child is not to be employed in any occupation, establishment or process defined as

hazardous to children. These prohibited occupations and processes are listed in the Schedule to the Act

which was further amended in December 2005. 8

The employment of a child in the banned occupations

and processes mentioned in the Schedule is punishable with imprisonment which may extend to one year

or with a fine of up to Rs20, 000 or both. The Act obligates the government to appoint Inspectors for

ensuring compliance of the Act. Till date, successive governments have failed to appoint these Inspectors

and instead, the government has directed labor inspectors appointed under the Factories Act 1934 to

conduct child labor inspections under the Employment of Children Act 1991.

Provincial Legislation on Child Labor: The Post 18th

Amendment Scenario

After the 18th Constitutional Amendment, labor became a provincial subject whereby provinces were

empowered to pass their respective laws on child labor. The current federal law on Child Labor- the

Employment of Children Act (ECA) 1991 remains the apex legislation against the employment of

children in the provinces until they come up with their own legislation against the issue. SPARC has

maintained that updated legislation on child labor should be in line with Article 25-A of the Constitutions

which declares education as a fundamental right of all citizens up till the age of 16 years. This would

mean increasing the minimum age of employment from 14 to 16 years: the current legislation bans the

employment of children who are 14 years of age or below. In 2014, none of provinces passed a

comprehensive law to prohibit child labor in line with the mentioned recommendations. The status of the

various provincial laws is discussed below;

Sindh: The Sindh Prohibition of Employment of Children Bill has been pending since 2012 and was not

passed in 2014. The proposed Bill maintains the minimum age of employment at 14 years; furthermore,

the Bill also prohibits the employment of adolescents (14-18 years) in hazardous occupations. However,

the Bill is different from its federal counterpart as it completely bans the employment of children under

14 in any establishment (section 3); in contrast, the federal law regulates the employment of children by

providing a list of occupations in which the employment of children is prohibited (section 3: ECA 1991).

The Bill also calls for the establishment of a Provincial Coordination Committee on Child Labor that will

8 Child Labor and Pakistan. Capital Labor Protection Society. 13 February 2013. Web.

http://clps.pk/child-labour-and-pakistan/

be tasked to advise the government on appropriate legislative, administrative, and other measures to deal

with child labor in the province (section 5).

Finally, a person found guilty of employing a child at work (in contravention of section 3 of the Bill) will

be punished with an imprisonment extending to six months and a fine of up to 50,000 rupees or with both.

This punishment will be extended to a five year imprisonment and a fine of up to 100,000 rupees if the

child is employed in a hazardous occupation or process. The punishment can be further increased to a fine

not less than 200,000 rupees and an imprisonment of up to ten years if a person is found guilty of forcing

a child into slavery or conditions similar to slavery; procuring or offering a child for sexual exploitation;

and for using a child in drug trade (section 15).

Punjab: The Punjab provincial assembly failed to pass provincial anti-child labor legislation in 2014. In

November 2014, the Secretary Labor informed that the Punjab Prohibition of Employment of Children

Bill 2014 had been placed before the law department for vetting and would be passed by the assembly in

the near future9. According to officials from the Punjab Labor Department, the proposed Bill (like its

counterpart in Sindh) aims to comprehensively ban the employment of children (in any occupation) below

14 years and prohibits the employment of adolescents (14-18 years old) in hazardous occupations and

processes. Furthermore, the Bill (like its proposed counterpart in Sindh) calls for the establishment of a

Provincial Commission on Child Labor. If passed, the Bill will replace the Punjab Employment of

Children (Amendment) Act 2011 which was a provincial appropriation of the federal Employment of

Children Act 1991.

Khyber Pakhtunkhwa: in January 2015, the Khyber Pakhtunkhwa Provincial Cabinet approved the

Khyber Pakhtunkhwa Prohibition of Employment of Children Bill. The Bill (as compared to its Federal

counterpart) is more progressive with regards to comprehensively banning the employment of children

(aged 14 years and below); the Bill also bans the employment of adolescents (14 to 18 years old) in

hazardous occupations (section 3). It also provides definitions of the terms ‘light and hazardous’ work, a

shortcoming which the Federal Law failed to address. Furthermore, the Bill calls for the extension of

social safety nets and regulation of wages for adolescent workers who are not engaged in hazardous work.

Finally, section 15 of the Bill enhances punishments for persons found guilty of employing an underage

employee (in violation of section 3 of the Bill) whereby such a person may be punished with an

imprisonment of up to six months and a fine of 50,000 rupees or with both- if the said child is employed

in a hazardous occupation then the fine may to be extended to 100,000 rupees (but not less than 10,000

rupees) and an imprisonment of up to three years. Similarly, a person who employs any adolescent or

permits any adolescent to work in contravention of the provisions of Section 3 shall be punishable with

imprisonment which may extend to one year or with a fine which may extend to seventy five thousand

rupees or with both.

Balochistan: In 2014, the Provincial Assembly of Balochistan failed to pass the Balochistan Prohibition

of Employment of Children Bill 2014. The Bill is less stringent (than its proposed provincial

counterparts) with regards to comprehensively banning the employment of children (14 years and below)

in all forms and manifestations. For instance, section 3 of the proposed Bill allows a child not below the

age of 12 years to assist his/parents in light work provided that the work does not exceed two hours a day

and is mainly for the purpose of acquiring skills privately or in a school established by the government.

9 Our Correspondent. Law on Prohibition of Employment of Children Act 2014 Soon. The News. 28 November

2014. Web.

http://www.thenews.com.pk/Todays-News-5-286858-Law-on-Prohibition-of-Employment-of-Children-Act-2014-

soon

Similarly, the Bill regulates the employment of adolescents in non-hazardous work whereby (like its

Federal counterpart) it specifies and regulates the working hours for adolescent workers (section 7). It is

important that the proposed Bill be amended to comprehensively ban the employment of children who are

14 years of age or below.

Child Domestic Labor

The ILO defines child domestic labor as, ‘domestic work performed by children below the relevant

minimum age (for light work, full time non-hazardous work) in hazardous conditions or in slavery like

situation’10

. According to the Human Rights Watch (HRW), there were 15 million child domestic workers

around the world in 2013: this forms around 30% of the total domestic workers around the world,

estimated at 50 million to 100 million11

. These children are employed in homes which remain

unmonitored by child protection and labor department officials allowing employers to exploit their young

employees further. In Pakistan for instance, child domestic workers are hired by dubious ‘employers’

from rural areas and taken to work in cities to work in the homes of middle and upper middle class

families. There is no formal employment contract and arrangements are made informally between the

employers and the child’s family.

In majority of the cases, the work performed by child domestic laborers is not counted as child labor. This

is especially the case when children accompany their domestic worker parents (especially mothers) to

their workplace. These children may be asked to perform menial tasks which may become more labor

intensive and complex as the age of the child increases: in many cases these children have their career

marked out for them and they adopt their parental profession after the latter become old12

.

Apart from economic exploitation, child domestic workers are often exposed to cruel and unsafe working

environments where they are frequently subjected to physical and psychological violence. In this regard,

it is very common for employers to delay a child domestic laborer’s monthly pay or prevent him/her from

visiting his/her parents and family. Furthermore, underage workers in homes are often subjected to sexual

and physical abuse in which both adults and children emerge as perpetrators. This is especially relevant in

case of physical violence against child domestic workers whereby children in the employer’s household

may mistreat domestic servants (especially children) as a way of instituting and maintaining a master-

slave relationship with their ‘inferiors’13

.

In fact, incidents of violence against child domestic workers rise every year. In majority of the cases, the

victim or his/her parents do not report the matter to law enforcement agencies because their economic

vulnerability and lack of influence in the corrupt police department. Between January 2010 and December

2014, 47 cases of violence against child domestic workers were reported from different parts of the

10

Child Labor and Domestic Work. International Labour Organization, ILO. Web. 2014

http://www.ilo.org/ipec/areas/Childdomesticlabour/lang--en/index.htm 11

15 Million Child Domestic Workers. Human Rights Watch. 25 February 2013. Web

.http://www.hrw.org/news/2013/02/25/protect-15-million-child-domestic-workers 12

Akhtar, S, and Razzaq, S. Child Domestic Labor in Pakistan: Overview, Issues and Testable Hypotheses.

Pakistan. Center for Research on Poverty Reduction and Income Distribution. 2005. Print. 13

Ibid

country14

. The table below presents a breakdown of the annual reported cases of violence against child

domestic workers and the number of deaths resulting from these acts of violence.

Child Domestic Workers: Number of Tortured and Killed15

Year Number of torture cases Number of Deaths

2010 12 7

2011 10 6

2012 8 3

2013 21 8

The above table is a reflection of the callous and systematic disregard for the rights of domestic workers

and the increasingly vulnerable state of children who become employed in the domestic sector. Sadly, no

concrete legislation or policy steps have been taken by the government of Pakistan to ensure basic rights

for domestic workers and to comprehensively ban child domestic labor in all its manifestations. Hence,

the 264,000 underage domestic workers in Pakistan are increasingly at the mercy of their employers who

may subject them to economic exploitation and violence.

Legislative Framework

Domestic Workers Convention (C.189)

The ILO Domestic Workers Convention was adopted by the ILO in 2011 and came into force in 2013.

The Convention aims to promote decent work for domestic workers in the context of highly prevalent

economic exploitation and human rights abuses. The Convention calls for comprehensively banning child

labor in the domestic sector and for setting up a minimum age for domestic workers consistent with the

ILO conventions on the Minimum Age for Employment and Worst forms of child labor. The Convention

requires ratifying states to ensure that work done by children (those above the minimum age of

employment for domestic workers and less than 18 years of age) does not affect their ability to get a

meaningful education.

As of 2014, 15 countries including Argentina, Bolivia, Columbia, Costa Rica, Ecuador, Germany,

Guyana, Ireland, Italy, Mauritius, Nicaragua, Paraguay, Philippines, South Africa and Uruguay have

ratified the Domestic Workers Convention. Considering the high prevalence of child domestic labor in

Pakistan, the government should immediately ratify the C.189 and ensure that the country’s national and

provincial laws are in line with the provisions of the Convention16

.

Domestic Workers (Employment Rights) Bill 2014

In January 2014, the Domestic Workers (Employment Rights) Bill was tabled in the Senate and sent to

the Senate Standing Committee on Law for review. As the subject of domestic workers is a provincial

one, the bill was amended to apply to the Islamabad Capital Territory. However, once the bill is passed by

the Senate and then the National Assembly, the provincial governments can adopt the bill to make it

14

Reporter. Domestic Violence main Cause of Child Workers Death. DAWN. 21 January 2014. Web.

http://www.dawn.com/news/1081633 15

Reporter. More Children tortured in 2013 Compared to Past Years. DAWN. 6 January 2014. Print. 16

C-189-Domestic Workers Convention, 2011 (C.189): Convention Concerning Decent Work for Domestic

Workers. International Labour Organization, ILO. Web.

http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::p12100_instrument_id:2551460

applicable in the provinces. 17

The bill, for the first time, provides domestic workers with rights: an

employment contract, protection against abuse and the right to fair treatment and wages. It also provides

for clean and appropriate living conditions.

The bill sets the age of domestic workers between 14 to 60 years (Section 5(a)). It further

provides for a written contract of employment which should include the terms and conditions of

employment including working hours, minimum wages (as per the minimum wages law in

Pakistan), maternity and ordinary leaves, as well as performance of duties as per the contract only

(Sections 5, 6, 8, 9, 11).

Furthermore, the bill entitles domestic workers to health and medical care, employment injury

benefits, group insurance, housing, gratuity, bonus and pension benefits which shall be paid

through the Domestic Workers Welfare Fund under the supervision of a Domestic Welfare Board

(proposed under the bill; Section 12).

The bill adds that the employers shall provide food and accommodation to the workers while the

government will ensure regular employment to domestic workers, timely payment of wages,

favorable working conditions, medical facility, protective clothing and safety from physical and

sexual exploitation. (Section 13 and 14)

The employers shall have to issue one-month prior notice to domestic workers in case of their

termination from service.

The bill also proposes the establishment of a Dispute Resolution Committee and an Appellate

Authority to sort out all the issues between domestic workers and their employers.18

These

statutory bodies shall have the power to conduct judicial proceedings (Section 26) whereas the

bill bars Labor and Civil Courts from entertaining the cases of domestic workers (Section 29).

The penalization for breach of the law will result in imprisonment for three months and a fine up

to Rs100, 000 (Section 30).

The bill however fails to set up specific penalties for employers engaging in inhumane conduct,

discrimination, human rights violations committed against domestic workers, especially those between

the ages of 14 to 18 years. Thereby leaving redress to the discretion of the dispute resolution committee

and appellate authority. The bill fails to specify a time period for the settling of disputes. Furthermore, the

composition of the Committee and the Appellate Authority or the extent of their functions has not been

specified by the bill.

Home Based Industry

The informal sector of the economy accounts for almost 74% of the non-agricultural employment in

Pakistan and is more prevalent in rural areas (77.4%) than in urban areas (69%). According to the

Pakistan Bureau of Statistics Labor Force Survey (2012-13), the sector is comprised mostly of household

enterprises owned and operated by own-account workers, irrespective of the size of the enterprise; and

enterprises owned and operated by employers with less than ten persons engaged. In the latter case the

business may include the owner, the contributing family or workers, and employees whether employed on

an occasional or continuous basis, or as an apprentice. All enterprises engaged in agricultural or non-

17

Osman Saifullah Khan. Press Release: Bill Tabled in Senate to Protect Domestic Servants. 20 January 2014.

Print 18

Junaidi, Ikram. Senate RefersTtwo Amendment Bills to Committees. Dawn. 21 January 2014. Web.

http://www.dawn.com/news/1081625/senate-refers-two-amendment-bills-to-committees

market production are excluded from this category19

. Household enterprises form a major component of

the home based industry. The Labor Force Survey further defines a household enterprise as a ‘production

unit that does not have a separate legal entity other than the household or household members that own

it’20

.

The home based industry remains operates independently of state policies on labor rights and child labor.

In the latter case, there are no provisions in Pakistan’s existing legislation on child labor to deal with the

employment of children in the informal sector; as a result, the current administrative framework to

monitor child labor (child labor inspectorate) is limited to the formal sector only. The lack of monitoring,

accountability, fluidity and invisibility of the informal sector allows female and child labor to thrive. In

many cases, women are children are made to work in hazardous environments which may be detrimental

to their well being.

It is estimated that there are 8.52 million home based workers in the country. The proportion of females in

this workforce is 65% (in contrast to males who form only 4% of the home based workforce). A

significant proportion of the female workforce is comprised of girl children between the ages of 6-14

years. These girl children support their mothers and other female family members in meeting the daily

tasks assigned to them by the middleman by working 12-16 hours on a daily basis in conditions that are

harsh, unhealthy and hazardous. These workers are not covered by any labor laws and policies to the

extent that there is no formal definition of home based worker in any existing national or provincial law

or statute21

.

Until recently, home based workers remained an invisible category of labor that was not officially

recognized in terms of legislation and administrative initiatives. Some initiatives have been taken by

provincial assemblies in the aftermath of the 18th constitutional amendment to recognize home based

workers as a unique category of labor. The next section will discuss the various initiatives that the

government can undertake or has undertaken to mainstream home based workers with full economic and

employment rights.

International Framework

ILO Home Work Convention (No.177): The Home Work Convention was adopted in June 1996 and

came into force in April 2000.

The Convention provides a comprehensive definition of home work as work undertaken by a

worker in his/her home or any other place of his/her choice other than the workplace of the

employer. The home based worker works for remuneration which results in a product or service

(as specified by the employer) irrespective of who provides the equipment, materials or other

inputs used (Article 1).

The Convention obligates ratifying states to develop, implement, and periodically review a

national policy on home work aimed at improving their status (Article 3).

19

Pakistan Bureau of Statistics (PBS) Labour Force Survey (2012-13). Government of Pakistan, Statistics Division,

Pakistan Bureau of Statistics. Web.

http://www.pbs.gov.pk/sites/default/files/Labour%20Force/publications/Annual%20Report%20of%20LFS%202012

-13%28New%29.pdf 20

Ibid 21

National Policy on Home Based Workers. (Draft-Document). Ministry of Women’s Development in collaboration

with Ministry of Labor, Manpower and Overseas Pakistanis. Web.

http://www.homenetpakistan.org/draft_np_for_web.pdf

The national policy on home work shall promote the equality of treatment between home workers

and other wage earners, taking into account the special characteristics of home work. The equality

of treatment will be ensured in relation to the following;

the home workers' right to establish or join organizations of their own choosing and to

participate in the activities of such organizations;

protection against discrimination in employment and occupation;

protection in the field of occupational safety and health;

remuneration;

statutory social security protection;

access to training;

minimum age for admission to employment or work; and

maternity protection (Article 4)

The national policy on home work will be implemented through laws and regulations, collective

agreements, arbitration awards or any other appropriate manner consistent with national practice

(Article 5).

Labor statistics should have special provisions to include home based workers (Article 6).

The Convention calls ratifying states to ensure that an effective monitoring mechanism is

instituted to ensure compliance with national laws and policies (Article 9).

National Legislation and Policies

As of 2014, there is no concrete legislation to guarantee labor rights for home based workers in Pakistan.

Pakistan is yet to sign and ratify ILO’s Home Work Convention which can set the framework for future

legislation on home based workers in the country. Furthermore, no survey has been conducted to estimate

the number of home based workers in the country. A non-governmental survey of selected districts

revealed that there are 2.6 million home based workers in the country, almost 80% of them women. The

situation is further complicated when children are taken into account as there are no official statistics on

underage employees in the home based industry22

.

After the 18th Constitutional Amendment various provinces have started taking concrete steps to initiate

legislation on home based workers. These laws are in addition to provincial policies on the same category

of workers.

Sindh: In October 2014, the All Sindh Home Based Workers Federation (ASHBWF) organized a

convention in Hyderabad which was attended by delegations of home based workers from various parts of

the province, representatives of labor unions, officials from the labor departments, and members of the

civil society. Various speakers at the convention called for an immediate need to recognize the rights of

female home based workers (HBWs) in Sindh. It was highlighted that there were 12 million female home

based workers in Pakistan of which 5 million lived in the Sindh Province. These workers were deprived

of basic rights like fixed working hours, minimum wages, social security, education, and basic health

care. The Convention speakers called for giving these basic rights to HBWs and for formulating a

22

Our Correspondent. With No Law to Protect Them, Home Based Workers Continue to be Exploited. The News

International. 16 February 2014. Web.

http://www.thenews.com.pk/Todays-News-4-232849-With-no-law-to-protect-themhome-based-workers-continue-

to-be-exploited

provincial policy on HBWs. The speakers further called for including home-based workers in the existing

labor laws of the country and for enacting exclusive laws for the protection of the rights of HBWs23

.

The above call for recognizing the rights of this large segment of the labor force reveals the low priority

given by the government to pressing issues related to labor rights. For instance, a Bill to recognize the

rights of home based workers was prepared by the Government of Sindh in September 2013. It called for

recognizing HBWs as a distinct category of workers different from domestic workers; however, the

legislation was not passed in the year24

. In October 2014, there were reports of a Home Based Workers

Bill to be presented in the Sindh Assembly25

. As of January 2015, no law to secure the rights of HBWs

has been passed by the Provincial Assembly of Sindh. There is an urgent need to pass a comprehensive

law to protect the rights of HBWs and to ban the employment of children in the home based sector. The

initial progress towards protecting the rights of HBWs and for banning child labor in the home based

sector can be made with the approval and implementation of the Sindh Home Based Workers Policy

which calls for prohibiting employment of children in the home based sector as per the provisions of the

Employment of Children Act (ECA)26

. As of 2014, the draft of the policy was lying with the Sindh

Cabinet for approval.

Punjab: In October 2014, a provincial consultation to discuss issues faced by HBWs was organized in

Lahore whereby the Punjab Labor Director informed that as of 2014 there were no laws that recognized

the rights of HBWs in Pakistan. He further stated that the Punjab government was working towards

developing comprehensive legislation to protect the rights of HBWs27

: the first step towards which would

be the approval and implementation of the Punjab Home Based Workers Policy. As of October 2014, the

process of registering HBWs had started in the province whereby 10, 000 such workers will be registered

during the first phase of registration. According to officials from the Punjab Labor Department, the

Punjab’s Provincial Policy on Home Based Worker was awaiting approval from the provincial cabinet.

The policy calls for banning the employment of children below 14 years of age28

.

Khyber Pakhtunkhwa and Balochistan: As of 2014, no legislation or policies were passed or approved

by the governments of Khyber Pakhtunkhwa and Balochistan. It is imperative that the said provincial

government take immediate steps to ensure the rights of HBWs and to prohibit the employment of

children in the home based sector.

Bonded Labor

According to the ILO, around 21 million people around the world are engaged in forced or bonded labor:

these include 11.4 million women and girls and 9.5 million boys and men. Furthermore, almost 19 million

of these victims are exploited by individual and private enterprises: the largest proportion of bonded

laborers in the latter case is employed in the domestic, agriculture, and construction and manufacturing

23

Our Correspondent. Home Based Workers Hold Convention. Dawn. 29 October 2014. Web.

http://www.dawn.com/news/1140959 24

Draft law finalized to protect rights of home based workers. Dawn. 4 September 2013. Web.

http://www.dawn.com/news/1040329 25

Draft of Home-Based Workers Law Ready. The News. 25 October 2014. Web.

http://www.thenews.com.pk/Todays-News-4-280271-Draft-of-home-based-workers-law-ready 26

Draft Report of Provincial Policy on Home Based Workers-Sindh. 21 May 2013. Web.

http://wiego.org/sites/wiego.org/files/resources/files/Final_Draft_HBW_sindh_Pakistan_21_May_2013.pdf 27

Working on Law to Recognize Home Based Workers. Dawn. 19 October 2014. Web.

http://www.dawn.com/news/1138930 28

Information given by the Punjab Labor Director, Mr. Hasnat Javed.

sectors29

. Consistent with the international data on forced labor, the largest segment of bonded laborers in

Pakistan (mostly concentrated in Sindh and Punjab) are engaged in the agriculture and brick kiln

(construction and manufacturing) sectors. The Global Slavery Index reported that in 2014 almost

2,058,200 people (approximately 1.13% of the entire population) in Pakistan were engaged in slavery or

slavery like conditions: the country ranks second in terms of the largest number of people forced into

slavery in the Asia Pacific region30

. Furthermore, according to a study conducted by the Asian

Development Bank and the Government of Sindh, there are around 1.7 million landless agricultural

workers and sharecroppers in five districts of the province (Thatta, Dadu, Badin, Mirpur Khas, and

Umerkot). A large number of these agricultural workers are engaged in forced labor or debt bondage31

.

Similarly, the brick kiln sector in Pakistan thrives on the forced labor of men, women, and children.

Both of the above mentioned sectors are especially notorious for ensnaring whole families in debt

bondage. This means that children are made to work alongside their parents to pay off a debt which is

incurred by an elder. Apart from the obviously exploitative terms of transaction and engagement in a

bonded labor relationship, forced labor is especially harmful in terms of infringing upon the basic rights

of the victim. These include the right to education, health, freedom of association, and freedom of trade,

occupation, and profession. This is especially harmful for children whose life choices become extremely

limited by their engagement in bonded labor. Moreover, these children are made to work in inhuman and

unsafe conditions which have deleterious impacts on their physical and emotional development.

The Us Department of State has classified modern day slavery as a form of human trafficking whereby

men, women, and children are engaged in involuntary servitude or forced labor. In many cases, whole

families or some members of a family are transported between brick kilns or farms through human trading

between land and brick kiln owners. Furthermore, professional ‘employment agents’ are notorious for

contacting poor parents in rural areas of the country and encouraging them to send their children to work

as domestic workers in cities. These children may end up being imprisoned in their places of employment

whereby the employer may refuse to pay them or allow them to return to their families. In some cases,

indigent families become indebted to middle class families in urban areas and are forced to pledge their

child’s labor as a form of payment of the incurred debt. This is a form of debt bondage whereby a child

may be forced to work in conditions similar to slavery.

Forced labor takes place exclusively in the informal sector of the economy which makes it extremely hard

to monitor and counteract. Furthermore, a large number of brick kiln owners and landlords have contacts

with local politicians which allow them to operate with impunity. In this regard, it is important to mention

that since its adoption in 1992, not a single employer of bonded laborers has been prosecuted under the

Bonded Labor System Abolition Act. In some cases, freed bonded laborers are charged in courts for

absconding from work after failure to pay off the incurred debt. In addition, there is a general lack of

awareness about the plight of bonded laborers in general. Poverty is identified as a major cause of child

and bonded labor and effective actions to address the issue are often implemented in an offhand manner

29

Forced Labour, Human Trafficking and Slavery. International Labour Organization, ILO. Web. December 2014.

http://www.ilo.org/global/topics/forced-labour/lang--en/index.htm 30

The Global Slavery Index-2014. Pakistan. Web.

http://www.globalslaveryindex.org/country/pakistan/#vulnerability 31

Bonded Agricultural Laborers in Lower Sindh Province. Pakistan. Web.

http://www.labourunity.org/documents.htm

to underscore the fact that freed child or bonded labor will have no other option but to return to their place

of employment. These factors contribute to the growing prevalence of modern day slavery in Pakistan.

SPARC’s Efforts against Bonded Labor in the Country

Support Social Protection and Decent Work of Brick Kiln Workers and Bonded Laborers: SPARC’s

Collaboration with ActionAid

In 2014, SPARC concluded its three year project entitled, ‘Support Social Protection and Decent Work

of Brick Kiln Workers and Bonded Laborers in Pakistan’: the project was being undertaken with the

support of ActionAid. The project had two main objectives, mainly concerned with poverty reduction

and facilitating social inclusion of informal workers and bonded laborers; and access to social

protection services and more productive employment opportunities for bonded laborers. These

objectives were achieved through increasing rights awareness among bonded laborers, increasing

general public awareness about the plight of bonded laborers through information material and media

engagement, and engaging brick kiln owners for improving the working conditions of bonded laborers

and facilitating their access to social protection services.

In 2014, the major achievements of the project included;

Establishment of Human Rights Cell at the office of the District Inspector General Police

Hyderabad. The Cell was tasked to deal with cases involving the violations of rights of

women, children, and bonded laborers.

246 social security cards were provided to bonded laborers in Multan and Hyderabad.

2,953 bonded laborers in Multan and Hyderabad were facilitated in acquiring National Identity

Cards (NICs).

11 cases of legal aid and five cases of financial settlement were resolved by the Police Anti-

bonded Labor Cells in Hyderabad and Multan in 2014.

An FIR was registered against a brick kiln owner in District Tando Allahyar under the

BLSAA 1992.

Established the first ever association of brick kiln workers in Sindh. The Sindh Bhatta

Mazdoor Federation is the first federation of its kind with its head office in Tando Haider-

Hyderabad, Sindh.

Bonded Labor Legislation

The Bonded Labor System Abolition Act (BLSAA) 1992

The BLSAA was passed by the National Assembly of Pakistan in 1992. Till date, it remains the country’s

apex legislation against bonded labor and slavery. The Law will remain in force until the provinces pass

their own laws against debt bondage.

The act essentially abolishes bonded labor in Pakistan and overrides other laws on the subject.

Following the Act, all bonded laborers stand free and discharged from any obligations to as

bonded labor. (Sections 3 and 4)

The Act clearly defines the terms peshgi/ advance, bonded debt, bonded labor, bonded laborer

and bonded labor system. The act further separates wages, if any earned, by a bonded laborer as

nominal wages which are less than minimum wages set by the Government at the time for similar

labor (Section 2).

The Act further renders any custom, tradition, contract or agreement made by any member of a

family for bonded labor as void and inoperative (Section 5). Also, the Act extinguishes the debt

leaving bonded laborers free from any liability to pay the bonded debt. (Section 6) Any creditor

who receives payment for such an extinguished debt is liable to imprisonment for up to three

years and/ or with a fine up to Rs15,000. (Section 8)

The Act penalizes the enforcement of bonded labor or the enforcement of a custom, tradition,

contract or agreement of debt with imprisonment between two to five years and/ or a fine not less

than Rs50,000. Furthermore, if a fine is recovered from a bonded laborer, then payment will be

made to the bonded laborer at the rate of Rs50 for each day the bonded laborer was made to work

in debt bondage. (Section 11)

The Act also penalizes the individual who fails to restore possession of the property of a bonded

laborer within 90 days with imprisonment for a term which may extend to one year and/ or a fine

of up to Rs1,000. Out of the fine, if recovered, payment will be made to the bonded laborer at

Rs10 for each day the possession is not restored. (Section 13)

Notably, abettors of these offenses are to be punished the same as those committing the offenses.

(Section 14) This makes the enforcers working for the creditors equally liable. The Act provides

for the setting up of Vigilance Committees at the district level to advise the district

administration; to assist bonded laborers in matters relating to the implementation of this Act as

well as for their rehabilitation; and, to monitor the workings of the law at the district level.

(Section 15).

According to the US State Department’s Trafficking in Persons Report 2013, till date, no convictions

have been made under this Act.

Provincial Legislation on Bonded Labor

After the 18th Constitutional Amendment, the provinces were responsible for enacting their own laws to

deal with bonded labor. As of 2014, only Punjab has managed to pass an amended law based on the

federal BLSAA 1992. This Amendment has only increased the penalties for employers who are guilty of

hiring employees under conditions of debt bondage or slavery. Furthermore, almost 22 years after the

passing of the BLSAA, not a single case has been prosecuted to bring perpetrators of bonded labor to

justice. The current status of bonded labor laws in the provinces are given below;

Following devolution, only the Punjab government has introduced a provincial law dealing with

bonded labor i.e. the Punjab Bonded Labor System (Abolition) Amendment Act 2012. This Act

has introduced certain amendments to the Bonded Labor System (Abolition) Act 1992 by

increasing the punishments for individuals involved in enforcing bonded labor. The fine for

enforcing a custom, tradition, contract or agreement for enforcing bonded labor has been

increased from Rs50,000 to Rs350,000. Similarly, the fine for the failure to restore possession of

property of a bonded laborer is increased from Rs1, 000 to Rs5,000. The rate of payment to the

bonded laborer has also been increased from Rs10 to Rs100 for each day that possession of the

bonded laborer’s property is not restored. (Section 12)

The Khyber Pakhtunkhwa Bonded Labor System (Abolition) Bill was not passed in 2014. The

Bill prohibits the extension or rendering of advances which may result in a relationship of debt

bondage. The Bill further establishes conditions under which a loan can be extended to party; in

this regard, the Bill stipulates that advance money can only be taken in the form of an interest free

loan; the advance taken or extended will not exceed three times the minimum wages of the

worker (fixed by the government); no second advance or loan shall be extended before the worker

pays back the first incurred amount; the advance or loan recovery installments shall not exceed

one fourth of the wages of the worker; and the employer shall maintain an updated record of the

advance extended to each worker in a prescribed manner (section 2). Section 12 of the Act calls

for the appointment of special inspectors to ensure the implementation of the proposed Bill.

The Governments of Sindh and Balochistan are yet to pass provincial legislation against bonded

labor. This is unfortunate, especially in the case of Sindh where the largest known populations of

bonded laborers are toiling under conditions of virtual slavery. In 2014, the Sindh Labor

Department informed SPARC that the provincial law on bonded labor in Sindh is still lying with

the labor and department and could not be moved in the provincial assembly for adoption.

Government Initiatives to Curb Child/Bonded Labor

The government of Pakistan has initiated a number of programs/policies which directly or indirectly deal

with child labor. In this regard, a number of these policies are intended for adult workers but have direct

consequences for poor children who are vulnerable to being employed as underage workers. Furthermore,

some programs are intended directly for children who are either employed to vulnerable to being

employed as child laborers. Some of the initiatives undertaken by the government are;

Child Labor Inspections

Minimum Wage Policy

The Child Support Program (CSP) and National Center for the Rehabilitation of Child Laborers

(NCRCLs) supported by the Pakistan Bait ul Mal (PBM).

Relief Camps for Bonded Laborers

Child Labor Inspections

The ECA 1991 obligates the government to appoint child labor inspectors who will be tasked with

monitoring child labor in various establishments belonging mostly to the formal sector. After the 18th

Amendment, the provincial governments are responsible for enacting and adopting their own laws on

child labor and for appointing labor inspectors to conduct inspections as per the provisions of these laws.

Till date, none of the provinces have appointed labor inspectors under the ECA 1991 and child labor

inspections are being undertaken by the officials appointed under the Factories Act 1934. The latest

available figures on labor inspections in the provinces are given below;

As of 2013, there were 72 labor inspectors in Punjab. In 2014, there were 180 officials (from

inspectors to labor directors) working in the labor inspectorate in Punjab. In July 2014, the

provincial labor department announced its decision to recruit more inspectors as the department

was severely understaffed. For instance, only seven labor inspectors are tasked with conducting

labor inspections (under various laws including the ECA 1991) in hundreds of thousands shops

and 7,000 industrial units in Lahore alone32

. In December 2014, the Punjab Labor Minister

informed that a total of 598,565 child labor inspections were conducted in a four year time period

(between 2010 and 2014) whereby the inspectors identified 6,339 infringements of law with

regards to underage employment. The total fine imposed on the perpetrators amounted to Rs.

1,20,200033

.

As of 2014, the Khyber Pakhtunkhwa Labor Inspectorate had 87 officials (these included; 18

Chief Inspector Factories, 17 Inspectors of Factories, 16 Inspectors W & M, 16 Labor Officers,

11 Assistant Labor Officers, and 9 Labor inspectors). In 2014, the provincial labor department of

32

Punjab Government to Recruit Labor Inspectors. Dawn. 7 April 2014. Web.

http://www.dawn.com/news/1098318 33

Punjab Institute of Quran and Seerat Studies Bill Passed. 12 December 2014. Web.

http://www.brecorder.com/general-news/172:pakistan/1250987:punjab-institute-of-quran-a-seerat-studies-bill-

passed/?date=2014-12-12

Khyber Pakhtunkhwa appointed 7 ‘social mobilizers’ under Section 17 of the ECA 1991- the

term used for the appointments in the section is Child Labor Inspectors.

As of 2014, the Sindh Labor Department had 28 labor inspectors (BPS 16) whereby 13 were

conducting inspections in Hyderabad while 15 were placed in Karachi. Furthermore, there were

30 labor inspectors (BPS 09), appointed under the Shops and Commercial Establishment

Ordinance 1969. The Labor Department has also recruited 9 technical inspectors (5 in Karachi

and 4 in Hyderabad) (BPS 16) through the Sindh Public Service Commission. From January 2013

to March 2014, 2,155 inspections were conducted in Sindh under Factories Act and 2,155 under

the Shops Establishment Ordinance bringing the total number of inspections to 4992. There are

52 labor inspectors in the province. A total of Rs. 18,350 was fined to offenders after 66 cases

were lodged and 36 cases decided. As none of the prosecutions were undertaken under the

specifically children related ECA 1991, it is hard to determine if the prosecuted cases dealt with

child labor or not.

The Balochistan Labor Department has 34 labor inspectors covering 32 districts of the province.

During the time of the writing of this report the department had not compiled information on

labor inspections in the province.

Minimum Wage Policy

In 2014, the government announced increasing minimum wage from Rs. 10,000 to Rs. 11,000 for the year

2014-1534

. The regular announcements about increase in minimum wage have not been translated into

concrete measures to ensure increased minimum wages for employees working in the formal sector (at

least). For instance, increase in minimum wage can only be ensured after an amendment in the Minimum

Wages for Unskilled Workers Ordinance 1969; however, no such amendment has been made in the

relevant law since 2008 which means that the annual increases in minimum wages have effectively

remained mere announcements with no relief to hundreds of thousands of workers employed in various

industries35

.

Ensuring minimum wages for maximum number of employees in the formal and informal sectors can go a

long way in reducing child labor. An adult worker who gets sufficient pay for his work will be less forced

to employ his child to supplement household income. Currently, the minimum wage policy in Pakistan is

limited to the formal economic sector while the poorest workers including women, children, and

adolescent workers are employed in the informal sector. Extension of this policy to benefit workers in the

informal sector will be effective in reducing the employment of children and adolescents.

Pakistan Bait ul Mal’s (PBM) Child Support Program

PBM’s Child Support Program relies on a combination of cash support and human capital development to

address the issues of intergenerational poverty and lack of access to formal education for poor families.

The PBM program mobilizes funds from government sources and provides them (in the form of cash

subsidies) to poor families for sending their children between 5-16 years to school. In this regard, the

Program is in line with the Government of Pakistan’s international MDG commitment (related to

Universal Primary Education) and Article 25-A of the Constitution which obligates the government to

provide free and compulsory education to all citizens of the country up till the age of 16 years. A cash

34

Budget 2014-15: Minimum Wage raised to Rs 11,000; pension up by 10%. Pakistan News Day. Web. 2015.

http://www.pakistannewsday.com/budget-2014-15-minimum-wage-raised-to-rs-11000-pension-up-by-10/ 35

Minimum wages: Govt inches closer to implementing pay rise. Express Tribune. 1 October 2014. Web.

http://tribune.com.pk/story/769507/minimum-wages-govt-inches-closer-to-implementing-pay-rise/

installment of Rs.300 is provided to families with a single child going to school and Rs.600 is provided to

families with two or more children. This provides families with an incentive to send their children to

school instead of putting them to work.

As of 2014, the Program was being implemented in the four provinces of the country and ICT

(Muzaffarabad and Ghanche). The target districts from the provinces include Bhakkar, Rawalpindi,

Multan, and Bahawalpur in Punjab; Shaheed Mohtarma Benazirabad (Nawabshah), Tharparkar, and

Ghotki in Sindh; Kohistan, Abbotabad, and Swat in Khyber Pakhtunkhwa; and Quetta, Kharan, and

Lasbella in Balochistan. As of 2014, a total of 35,000 families with 85,000 children have benefitted from

the Program; moreover, funds amounting to Rs. 184 million have been disbursed among beneficiaries on

the fulfillment of compliance criteria. According to various third party evaluations, the Program has been

instrumental in increasing the school enrollment among beneficiaries by 11.65% in the pilot districts of

Bhakkar, Tharparkar, and Kohistan. Finally, the Program especially benefitted females as there was a

greater increase in the enrollment of girl children (13.74%) as compared to boys (9.06%)36

.

Relief Camps for Bonded Laborers

Relief camps for bonded laborers were established by NGOs and human rights organizations to provide

shelter and security to persons who were released from or escaped debt bondage. There are six relief

camps for bonded laborers in Pakistan; all are present in the Sindh province.

Sikandarabad Hari Camp, Jamshoro: The Sikandarabad Hari Camp is the oldest known bonded

labor relief camp established in 1990 in District Jamshoro. The camp is spread over an area of 35-

40 acres and provides shelter to 3,685 freed or escaped bonded laborers living in 465 households.

These include 971 males, 1,021 females, 1,693 children (between the ages of 5-14 years).

Furthermore, the population includes 511 children who are enrolled in nearby schools; 1,385

CNIC holders, and 1,282 employed persons. Most of the employed persons work in nearby stone

quarries or as informal wage laborers.

The camp was home to the largest number of freed or escaped bonded laborers belonging to

minority communities, particularly Hindus. This changes after the 2010 floods whereby large

numbers of Internally Displaced Persons (IDPs) from the flood affected areas found temporary

shelter in the Sikandarabad Camp. The lack of basic amenities like clean water, electricity, basic

health facilities, and schools has also caused a gradual decline in camp population: the 2014

population of 3,685 is a decrease from last year’s population (4,625 individuals). Finally, the

camp is slowly transforming into a squatter settlement as settlers from KPK and Balochistan

along with the flood affected IDPs have started making permanent shelters in the camp. SPARC

has established a Drop in Center (DIC) in the camp to provide non-formal education, daily meal,

skills training, and psychological counseling to the children of freed or escaped bonded laborers.

Baba Salahuddin Hari Camp, Jamshoro: The Baba Salahuddin Hari Camp is spread over an

area of 22 acres. In 2014, the camp’s population consisted of 3,679 persons including 1,027

males, 1,164 females, and 1,488 children (between the ages of 5-14 years). In addition, there were

385 CNIC holders and 2,082 working persons in the camp, mostly employed as wage laborers.

The 2014 population of the camp is a considerable increase over the 2013 figures (2,845 persons).

The camp was recognized in 1993 and is still without basic facilities like clean drinking water,

electricity, and health and education facilities. Absence of clean water has had severely adverse

impacts on the health of the camp population; for instance, skin diseases are rampant and a

36

Child Support Program. Pakistan Bait-ul-Mal. Web. 2015.

http://www.pbm.gov.pk/csp.html

growing number of people are being afflicted with Hepatitis. There are no emergency medical

services available and residents working in nearby stone quarries have to face immense problems,

especially in case of a fracture.

Azad Nagar Hari Camp, Hyderabad: This camp was set up in Tehsil Tando Ghulam Hyder,

District Hyderabad in 1995. The camp is spread over an area of 22 acres and is home to 1,296

freed or escaped bonded laborers living in 160 households. According to a survey conducted by

SPARC in 2014, the population includes 365 males, 423 females, and 508 children (between the

ages of 5-14 years). The population includes 912 economically active persons with 672 CNIC

holders. A large population of flood affected IDPs who had settled in the camp in 2010 have left

resulting in a considerable decline in camp population: in 2010, the camp was providing shelter to

2,455 people. Majority of the camp residents are Hindus: in 2014, almost 90% of the camp

residents were Hindus belonging to Kohli and Bheel castes. The camp is devoid of basic facilities

like clinics/hospitals, schools, drinking water, and electricity.

Himatabad Hari Camp, Hyderabad: The Himatabad Hari Camp is providing shelter to 300

bonded laborers who have been freed or escaped from debt bondage. Most of the laborers in this

camp were previously engaged in the agriculture sector.

HRCP Hari Camp at Husri, Hyderabad: The HRCP camp is the most thinly populated of the all

the bonded laborer relief camps. It is devoid of basic amenities and is situated on saline land

which creates immense problems for camp residents.

Umerkot Hari Camp: The camp was established in January 2014 and is spread over an area of 37

acres. The camp provides to 250 families which include 175 men, 194 women and 187 children

(5-14 years). Most of the camp residents include bonded laborer families who have been freed

from farms and brick kilns in Umerkot and Mirpurkhas. The camp is devoid of all basic facilities

and womenfolk have to walk five to six kilometers everyday to fetch drinking water.

Conclusion

The global decline in child labor has had minimal impact in Pakistan where millions of underage workers

are employed in occupations that are detrimental to their physical and emotional development. The

reasons behind the wide prevalence of underage employment in Pakistan are complex and multi-faceted;

however, they can be broadly related to entrenched poverty and lack of a legislative and administrative

framework to deal with child labor along with poor enforcement of existing initiatives, both in terms of

legislation and administration. The greatest hindrance in coming up with effective policies against child

labor was the lack of accurate, updated, statistical information on child labor in the country: the last child

labor survey in Pakistan was undertaken in 1996.

The 18th Constitutional Amendment was a landmark development in the history of Pakistan whereby it

gave greater powers to the provinces to legislate on important matters. Labor became a provincial subject

after the Amendment allowing provinces to enact and adopt updated legislation on labor issues including

child labor. Unfortunately, the post 18th Amendment scenario has been marred with bureaucratic delays

whereby none of the provinces have passed revamped legislation on child labor as of 2014. Furthermore,

the proposed bills (which ban child labor for children aged 14 years and below) have are not in line with

Article 25-A of the Constitution which declares education as a fundamental right of all citizens up till the

age of 16 years.

In 2014, no concrete measures were taken to ensure labor rights for home based and domestic laborers.

There is an urgent need to ensure the rights of these workers and to ban the employment of children in

home based industry and the domestic sector. Similarly, 2014 was devoid of any developments with

regards to bonded labor. The BLSAA has remained weak on the implementation front whereby not a

single case has been prosecuted under the Law since its adoption in 1992. The labor inspectorate

remained severely understaffed and limited to the formal sector of the economy: most of the children are

employed in the informal sector which remains unmonitored by state authorities.

The government’s announcements to increase the minimum wage were only addressed to workers in the

formal sector. Furthermore, these announcements failed to materialize into actual increases in minimum

wage as the required amendment in Law has not been done since 2008. Finally, the bonded labor relief

camps have not been given due state attention since they were established in the early 1990s: all of the

camps are devoid of basic facilities including clean drinking water, electricity, schools, and hospitals.

Apart from the failure of state of deal adequately with child labor, there is an acceptance of underage

employment at the societal level. Employers constantly look for cheap labor of women and children to

maximize their profits and there is a growing demand of underage employment in the homes of the

country’s burgeoning middle class. There is a growing need to combine awareness raising initiatives with

practical legislative and administrative actions to counter the growing menace of child labor in Pakistan.

Recommendations

The provinces should undertake child labor surveys to assess the magnitude of underage

employment in their territories. This can be instrumental in coming up with effective policies to

counter child labor in Pakistan.

The provinces should pass all pending legislation against child labor. The proposed bills should

be amended to increase the minimum age of employment to 16 years- in line with Article 25-A of

the Constitution.

The provincial governments should formulate policies to secure the rights of home based and

domestic workers. Effective steps should be taken to comprehensively prohibit the employment

of children in the home based and domestic sectors respectively.

The provincial governments should pass all pending legislation to ban bonded labor in the

provinces. Steps should be taken to ensure the strong enforcement of bonded labor legislation.

The government should officially recognize bonded labor relief camps as temporary shelters for

freed or escaped bonded laborers. The state should also provide basic facilities in the camps to

provide relief to thousands of citizens who have escaped slavery.