1. Child Labor in Pakistan
In 1998, the International Labor Organization (ILO) estimated that 16.3 percent
of children between the ages of 10 and 14 in Pakistan were working.1296 According
to a 1996 national child labor survey conducted by Pakistan’s Federal Bureau
of Statistics, an estimated 8.1 percent (3.2 million) of children between the
ages of 5 and 14 were economically active, with 46 percent of working children
active beyond the standard 35-hour work week. Boys accounted for 73 percent
(2.4 million) of working children in this age group, and girls accounted for
27 percent (0.8 million) of working children in the same age group.1297 The
survey further revealed that children in rural areas were eight times more likely
to be economically active than those in urban areas.1298
The 1997-98 national labor force survey found that 13 percent of children 10 to
14 years of age worked.1299
Based on the 1996 national child labor survey, a majority (71 percent) of working
children in Pakistan were involved in unskilled occupations.1300
More than two-thirds of the working children (67 percent) are engaged in the
agricultural sector, and about one in 10 (11 percent) worked in manufacturing.
Overall, about 70 percent of working children are unpaid family helpers (75
percent in rural areas but under 33 percent in urban areas). Thirteen percent of
the children worked 56 or more hours per week, and about 7 percent suffered from
frequent illnesses or injuries.1301
Children in Pakistan are reportedly involved in many of the worst forms of
child labor. Reports indicate that children are trafficked to the Middle East
for purposes of sexual exploitation, bonded labor, and domestic service.1302
Young boys are kidnapped and trafficked to the Gulf States to work as camel
jockeys.1303 There are also reports that some children and their families suffer
under a system of debt bondage in the brick kilns industry.1304
Children engage in garbage scavenging and carpet weaving, and are used in the
smuggling of contraband and drugs. However, there is little reliable evidence on
the magnitude or extent of children’s involvement in these informal sector
and/or illegal activities.1305
A 1996 Punjab Labor Department child labor survey of the soccer ball and surgical
instruments industries in Sialkot found that children accounted for 17 percent
(7,000 working children) of all workers engaged in the area’s soccer ball manufacturing
and 31 percent (7,700 working children) of all workers engaged in the manufacture
of surgical instruments in Sialkot.1306 A 1998 child labor area/sector survey
by the same agency found that children accounted for 16 percent (2,740 working
children) of workers in Sialkot’s brick manufacturing, 60 percent (5,221 working
children) of those in Sialkot’s automobile workshops, 27 percent (123 working
children) of workers in the Baghbanpura’s (an area of Lahore) steel furnaces
and spare parts manufacturing, and 7 percent (167 working children) of those
engaged in Kasur’s tanneries. In 1999, the Punjab Labor Department found 2,100
children working in Faisalabad’s textile power looms (5 percent of all
workers) and 3,378 working children in automobile workshops in Lahore (18
percent of all workers).1307
2. Children’s Participation in School
Recent primary school attendance rates are unavailable for Pakistan.1308 While
enrollment rates indicate a level of commitment to education, they do not always
reflect a child’s participation in school.1309 Over the decade of the 1990s,
school enrollment increased for all grade levels in Pakistan, as did the percentage
of females enrolling in school.1310 In the mid-
1990s, gross enrollment rates were 70 percent at the primary level, 47 percent
at the middle level, and 42 percent at the upper level. They were higher in
urban areas than in rural areas, and higher for males than females. Sizable
differences between gross and net enrollment rates are indicative of late or
postponed school entry and/or repeating a class level.1311
There are significant differences between children’s participation in schooling
in rural areas versus urban areas. The percentage of children from 5 to 19 years
of age in rural areas that have never attended school (43 percent overall) was
about double that for urban areas (21 percent overall).1312 Similarly, rural
dropout rates for children 15 to 19 years of age were more than double those
for urban areas.1313 In general, rates for
primary school completion were higher for males than for females and higher for
urban areas than for rural areas.1314
In the mid-1990s, a substantial proportion (30 to 52 percent depending on
their age) of 7- to 15-year-olds had fallen one school year behind what was
considered normal for their age. The percentage of school dropouts increased
after age 8. Also, about one-third of children ages 8 to 15 never attended
school.1315
Generally, school costs rise substantially from the primary level to
post-secondary education. Non-fee expenses, which include uniforms, books and
supplies, transportation, and other related expenses, may be a factor that
prevents some poor families from sending their children to school.1316
3. Child Labor Law and Enforcement
Many of Pakistan’s laws on child labor date back to British colonial times
and, for the most part, prohibit the employment of children below a specified
age in certain economic sectors (i.e., manufacturing, trade and services, transportation,
mining, and marine shipping), but not in agriculture (except for tea plantations)
or small shops and family-run enterprises in the informal sector. Child labor
legislation introduced and implemented since independence has focused on prohibiting
child labor in specified occupations and processes involving hazardous or dangerous
operations.
For the purposes of most child labor legislation in Pakistan, a “child” is
defined as a person under 14 years of age while “adolescents” are persons between
14 and 18 years of age.1317 The Employment of Children Act of 1991 prohibits
the employment of children less than 14 years of age in certain specified occupations
and processes that are dangerous or hazardous to the health of workers, but
excludes children employed in family operations and government- recognized schools.1318 The act regulates the hours of work for children and adolescents to no
more than seven hours of work per day and bans work after 7 p.m. and overtime
work. Employers are required to maintain a register of child workers, and various
safety provisions for children are stipulated. Penalties under the act include
terms of imprisonment and fines, or both: up to one year and/or up to 20,000
rupees (US$327) for a person who employs a child in a prohibited occupation
or process and up to one month and/or up to 10,000 rupees (US$164) for person
failing to comply with child worker registration and notice posting requirements.1319
The Children (Pledging of Labor) Act of 1933 voids all agreements allowing the
labor of children less than 15 years of age in any employment in return for any
payment or benefits.1320
Other laws restricting the employment of children include: The Constitution
of the Islamic Republic of Pakistan of 1973; The Tea Plantations Labor Ordinance
of 1962; The Mines
Act of 1923; The Factories Act of 1934; West Pakistan Shops and
Establishments Ordinance of 1969; Road Transport Workers Ordinance 1961; and the
Merchant Shipping Act of 1923.1321
The Bonded Labor System (Abolition) Act of 1992 abolished the bonded labor
system and terminated all obligations of a bonded laborer to repay any bonded
debt or any remaining part of an unsatisfied bonded debt and prohibited
creditors from accepting any payment against any bonded debt. It also provided
rules for enforcement by provincial governments, the establishment of Vigilance
Committees to ensure enforcement, and the establishment of a fund for the
rehabilitation and welfare of freed bonded laborers. Penalties under this act
include fines and terms of imprisonment.1322
While no law in Pakistan prohibits child prostitution on the grounds of child
labor, prostitution is generally prohibited under the country’s criminal laws on
a moral and social basis, with severe punishments for those convicted under the
laws.1323
Although basic legislation is in place to address many child labor issues,
there are concerns about the implementation and enforcement. The Punjab Labor
Department has found that the district-level Vigilance Committees, established
under the Bonded Labor System (Abolition) Act of 1992 to advise the district
administration on the law and to assist in the rehabilitation of freed bonded
laborers, have not performed well.1324
Some limited aggregated data on enforcement (number of inspections,
prosecutions, and convictions and rupee amount of fines imposed) of child
labor-related legislation have been published for Punjab Province. These data
reflect an almost fivefold increase in inspections from 1998 to 1999. In 1999,
almost 120,000 inspections were conducted, resulting in over 6,000 prosecutions
and more than 3,000 convictions. The average fine imposed was 158 rupees
(US$2.70).1325
The Government of Pakistan ratified International Labor Organization (ILO)
Convention No. 182 on the Worst Forms of Child Labor on October 11, 2001.1326
4. Addressing Child Labor and Promoting Schooling
a. Child Labor Initiatives
Pakistan signed a Memorandum of Understanding (MOU) with the ILO’s International
Program on the Elimination of Child Labor (ILO-IPEC) in 1994 that articulated
the government’s political commitment against child labor.1327 Pursuant to
the MOU, Pakistan developed an action plan formalizing activities against child
labor and seeking to coordinate efforts by the government, nongovernmental organizations
(NGOs), trade unions, employers’ organizations, and other bodies. In March 1998,
the government established a Task Force on Child Labour that was mandated to
formulate policies and strategies for the elimination of child and bonded labor
in Pakistan.1328
In May 2000, the Federal Cabinet approved the National Policy and Action Plan
to Combat Child Labour, which was developed after national consultations by
the Task Force on Child Labour.1329 The National Action Plan is based on an
integrated approach at the federal, provincial, district, and local level, with
short-term strategies of awareness raising, community mobilization, situational
analysis, monitoring and evaluation, and withdrawal of children from exploitative
child labor on a priority basis, with the immediate eradication of the worst
forms of child labor. The long-term objectives include achievement of universal
primary education, full implementation of the law, empowerment of families,
poverty alleviation, capacity building of relevant Ministries/Departments and
expansion of the social safety net.1330 It also
calls for immediate withdrawal and rehabilitation of children from hazardous and
exploitative situations. The strategy notes that girls are particularly
vulnerable to exploitation, and lists forced labor, including debt bondage, and
work in illicit activities among the worst forms of child labor.1331
Pakistan Bait-ul-Mal, a government welfare agency created in 1992,1332
since has opened a total of 33 centers throughout the country for the
rehabilitation of former working children, each with an initial capacity of 60
children. The rehabilitation centers target children (aged 8 to 14) who have
been exposed to hazardous and exploitative labor, providing them with training
and stipends to children and their families. Students who graduate from the
centers are guaranteed full assistance if they want to continue their higher
education at any level within or outside the country.1333
In addition to the National Policy and Action Plan to Combat Child Labour in
Pakistan, NGOs and organized labor federations in Pakistan have adopted similar
policies, strategies, and plans of action to address the issue of child labor in the country.1334 In
collaboration with Pakistani NGOs, ILO-IPEC has engaged in several major projects
to remove and rehabilitate child workers in Pakistan from hazardous and exploitative
work. A U.S. Department of Labor (USDOL)-funded ILO-IPEC project in the soccer
ball industry of Sialkot removed over 6,000 children from stitching balls by
placing them in educational centers, and through registered workplaces and community
monitoring, the project has ensured that no new children are engaged in stitching.1335 In Punjab province, another USDOL-funded ILO-IPEC project aims to provide
10,000 child carpet weavers and their younger siblings with educational opportunities.1336
Efforts are also under way to address the issue of child/bonded labor and
children working in the surgical instruments.1337
Various surveys to determine the magnitude of child labor have been conducted
in Pakistan. In 1996, the Federal Bureau of Statistics with support from ILO-IPEC
conducted a national survey on child labor.1338 In addition, surveys were conducted
by the Government of the Punjab in 1998-99 which examined child labor in different
enterprises and occupations within the province.1339
To date, reliable statistics on the numbers of bonded child laborers have not
been collected.1340
b. Educational Alternatives
Two of the four provinces of Pakistan currently have compulsory primary education
laws in force. In December 1994, the Punjab Assembly passed the Punjab Compulsory
Primary Education Act of 1994. The act makes primary education (Classes I-V)
compulsory throughout the province. In October 1996, the Government of the North-West
Frontier Province (NWFP) passed the NWFP Compulsory Primary Education Act
1996, which introduced compulsory primary education in the province.1341
In its national strategy to combat child labor, the Government of Pakistan
set a goal of 90 percent enrollment in primary schools by 2002-2003, and
projected that compulsory primary education could be feasible by 2004-2005. The
government’s policy also emphasized vocational training and technical education,
as well as the creation of literacy programs for school dropouts and new
programs targeted to working children.1342
The percentage of the federal budget spend on education has been declining,
from 1.2 percent in fiscal year 1995 to 1 percent in 1999. Expenditures on
education at the provincial level were 26 percent of the total spending in 1995
and 29 percent in fiscal year 1999.1343
5. Selected Data on Government Expenditures
The following bar chart presents selected government expenditures expressed
as a percentage of GNP. The chart considers government expenditures on
education, the military, health care, and debt service. Where figures are
available, the portion of government spending on education that is specifically
dedicated to primary education is also shown.1344
While it is difficult to draw conclusions or discern clear correlations between
areas of government expenditure as a percentage of GNP and the incidence of
child labor in a country, this chart and the related tables presented in Appendix
B (Tables 14 through 19) offer the reader a basis for considering the relative
emphasis placed on each spending area by the governments in each of the 33 countries
profiled in the report.
1296 World Bank, World Development Indicators 2000 [CD-ROM], Washington,
D.C., 2000 [hereinafter World Development Indicators 2000 ].
1297 Government of Pakistan, Child Labour Survey 1996: Excerpt from Main Report,
vol. 1, 1996, Summary Results and Tables at 3, 7 (www.statpak.gov.pk/Childlab2.doc)
[hereinafter Child Labour Survey 1996].
1298 Of the 3.3 million working children, 1.94 million worked in Punjab Province
(8.6 percent of the province’s 5– 14-year-olds), 0.30 million in Sindh Province
(3.5 percent), 1.06 million in the North West Frontier Province (15.8 percent),
and 0.01 million in Balochistan (0.5 percent), Tables 7 and 8. The survey was
conducted with assistance from the International Labor Organization’s International
Program on the Elimination of Child Labor (ILO-IPEC). See International
Labor Organization, “IPEC in Action: Asia, ILO-IPEC Programme in Pakistan” at
www.ilo.org/ public/english/standards/ipec/action/31asia/pakist98.htm; cited
June 16, 2000 [hereinafter “IPEC in Action”]. See also Child Labour Survey
1996 at 4.
1299 Labour Force Survey 1997-98 (Karachi: Government of Pakistan, Federal
Bureau of Statistics, Statistics Division, June 2000), Statistical Appendix
Table 6 at 112. Children aged 10 to14 years accounted for about 18 percent of
the nation’s total population, 2.4 percent of its total labor force, and 2.1
percent of all employed persons. Table 5, 97.
1300 Child Labor Survey 1996 at 4. Elementary (unskilled) occupations includes
sales and services; agricultural, fishery, and related laborers; and laborers
in mining, construction, manufacturing, and transport. See S. M. Younus
Jafri, “Nature and Extent of Child Labour in Pakistan,” paper presented at the
seminar “Elimination and Rehabilitation of Child Labour Especially from the
Exportable,” Lahore Chamber of Commerce and Industry and the German Friedrich
Ebert Stiftung, Lahore, Pakistan, January 5, 1996, 6 [hereinafter“Nature and
Extent of Child Labour in Pakistan”].
1301 Most of the illnesses and injuries suffered by working children (71 percent)
were in the agricultural sector, followed by mining, construction, manufacturing,
and transport. See “Nature and Extent of Child Labour in Pakistan” at
6-9.
1302 Department of State, Victims of Trafficking and Violence Protection
Act 2000: Trafficking in Persons Report (Washington, D.C., 2000), 92.
1303 Ibid.
1304 Kevin Bales, Disposable People: New Slavery in the Global Economy
(Berkeley and Los Angeles: University of California Press, 1999), 150-71. The
bonded labor system consists of an employer or creditor providing a cash advance
or loan (called peshgi ) to a worker, with the workers’ labor being held
as collateral for the loan. The worker (debtor) is obligated (bound) to work
for his or her employer or creditor until the debt is completely paid. In some
cases, the debts of bonded workers are “sold” by their employer or creditor
to another employer, and the workers’ obligations are passed from one creditor
to another. Children can also “inherit” debt from deceased parents. See also
All Pakistan Federation of Labour (APFOL), Bonded Brick Kiln Workers: 1989
Supreme Court Judgement and After (Rawalpindi: APFOL, 1998) for more information
on bonded labor in Pakistan.
1305 Interview with Dr. Zafar Mueen Nasir, senior research economist, Pakistan
Institute of Development Economics, by U.S. Department of Labor official, July
24, 2000.
1306 Activities for 1998: Surveys of Child Labour (www.dolpunjab.gov.pak/r4.htm);
cited July 6, 2000. In 1996 the United States partially removed Generalized
System of Preferences (GSP) trade benefits from Pakistan due to child labor
concerns in three sectors: surgical instruments, sporting goods, and specific
hand-knotted carpets; see Kantor Recommends Partial GSP Suspension of Pakistan
, press release 96-21 (Washington, D.C.: Executive Office of the President,
Office of the United States Trade Representative, March 7, 1996). Since the
1996 Punjab Labor Department survey was taken, significant efforts have been
under way to reduce the incidence of child labor in the soccer ball industry
(www.ustr.gov/releases/1996/03/96-21.html).
1307 Ibid.
1308 Between the years of 1990 and 1991, the gross primary attendance rate
was 81.9 percent, and the net primary attendance rate was 47 percent. See
USAID, GED 2000: Global Education Database [CD-ROM], Washington, D.C., 2000.
1309 For a more detailed discussion on the relationship between education statistics
and work, See Chapter 1, Introduction.
1310 Central Bureau of Education, Provincial Bureaus of Statistics, and Academy
for Educational Planning and Management, in Pakistan Statistical Year Book
2000 (Islamabad: Government of Pakistan, Federal Bureau of Statistics, Statistics
Division, April 2000), 374, Table 14.3.
1311 Pakistan Integrated Household Survey, Round 2: 1996-97 , second
edition (Islamabad: Government of Pakistan, Federal Bureau of Statistics, September
1999), Tables 2.6, 2.7, 2.27, 2.28, 2.31, and 2.32 [hereinafter Pakistan
Integrated Household Survey ].
1312 Education Sector Performance in the 1990s: Analysis from the Pakistan
Integrated Household Survey (PIHS) (Islamabad: Government of Pakistan, Federal
Bureau of Statistics, February 1998), Table 4.4, 27 [hereinafter Education
Sector Performance in the 1990s ].
1313 Pakistan Integrated Household Survey at Table 2.17.
1314 Ibid. at Table 2.5.
1315 Education Sector Performance in the 1990s at 28-29.
1316 Pakistan Integrated Household Survey at Table 2.15, 16.
1317 Under section 19 of the Employment of Children Act 1991 (Act No. V), the
definition of “child” in the Mines Act 1923, the Factories Act 1934, the West
Pakistan Shops and Establishment Ordinance 1969, were “deemed to have been amended.”
While generally raising the penalties for child labor violations under these
acts and ordinances, an effect of the 1991 act was to lower the age of a child
from 15 years to 14 years. See Report of the Committee of Experts on the
Application of Conventions and Recommendations , “Individual Observation:
Pakistan, Convention No. 59, Minimum Age (Industry) (Revised), 1937” (Geneva:
International Labour Conference, 1999), which is available on the Internet at:
(http://natlex.ilo.org/scripts/laborlex.exe?&lang=E&docno=4493&chap=6).
1318 Prohibited occupations are related to railway transport, including work
related to operations and servicing railway stations and premises, port authorities,
and selling of fireworks. Processes prohibited for children are the making of
bidis ; carpet-weaving; cement manufacture and bagging; cloth weaving,
dyeing, and printing; manufacture of matches, explosives, and fireworks; mica-cutting
and splitting; shellac manufacture; soap manufacture; tanning; wool-cleaning;
building and construction industry; manufacture and packing of slate pencils;
manufacture of products from agate; and manufacturing processes using toxic
metals and substances such as lead, mercury, manganese, chromium, cadmium, benzene,
pesticides, or asbestos. The Employment of Children Act of 1991 (Act. No. V),
Section 3, Schedules Part I – II, as cited in Child Labor: The Legal Aspects
at 183-96.
1319 The Employment of Children Act of 1991 (Act. No. V), as cited in Anees
Jillani, Child Labor: The Legal Aspects, vol. II (Islamabad: Society
for the Protection of the Rights of the Child, October 1997), 183-196.
1320 The Children (Pledging of Labor) Act of 1933 (Act. No. II), as cited in
Child Labor: The Legal Aspects at 180-82.
1321 The text of the laws are printed in Anees Jillani, Child Labor: The
Legal Aspects, vol. 2 (Islamabad, Pakistan: Society for the Protection of
the Rights of the Child, October 1997) [hereinafter Child Labor: The Legal
Aspects .]
1322 The Bonded Labor System (Abolition) Act of 1992 (Act. No. III), as cited
in Child Labor: The Legal Aspects at 167-79.
1323 Child Labor: The Legal Aspects at 130.
1324 “Performance of the Vigilance Committees,” Department of Labour, Government
of the Punjab (www.dolpunjab.gov.pk/r10.htm); cited July 6, 2000.
1325 Government of Pakistan, Ministry of Labour, Manpower and Overseas Pakistanis,
Child Labour Unit, The Future: News Magazine on Child Labour , vol. 2,
no. 8 / vol. 3, no. 9 (Islamabad, October 1999-May 2000), 32 and “International
and National Laws Related to Child Labour,” Enforcement of Child Labour Related
Legislations, 1996-April 1999, Labor Department, Government of Punjab (http://www.dolpunjab.gov.pk/r2.htm);
cited July 6, 2000.
1326 For a list of which countries profiled in Chapter 3 have ratified ILO
Conventions No. 138 and No. 182, see Appendix C.
1327 Initially, the Memorandum of Understanding was valid until the end of
1996, but it was extended until the end of 2001.
1328 National Policy and Action Plan to Combat Child Labour (Islamabad:
Government of Pakistan, Ministry of Labour, Manpower and Overseas Pakistanis,
Child Labour Unit, May 2000), 9 [hereinafter National Policy and Action Plan
].
1329 Ibid. at 7, 11.
1330 Ibid. at 11.
1331 Ibid. at 19-20.
1332 “IPEC in Action” (www.ilo.org/public/english/standards/ipec/action/31asia/pakist98.htm);
cited June 16, 2000.
1333 National Policy and Action Plan at 45.
1334 For a summary of these initiatives, see National Policy and Action
Plan at 40-43.
1335 “Elimination of Child Labour in the Soccer Ball Industry in Sialkot (Phase
II),” (ILO-IPEC: Geneva, 2000), 7.
1336 “Combating Child Labor in the Carpet Industry in Pakistan” (ILO-IPEC:
Geneva, 1999), Section 3.
1337 “IPEC in Action” (www.ilo.org/public/english/standards/ipec/action/31asia/pakist98.htm).
1338 Child Labour Survey 1996.
1339 National Policy and Action Plan at 16.
1340 International Labor Organization, International Labor Conference, 88 th
Session, 2000, Report of the Committee of Experts on the Application of Conventions
and Recommendations, General Report and Observations Concerning Particular Countries
, Report III (Part 1A) (Geneva: International Labor Office, 2000), 113-14. Also
available on the ILO’s ILOLEX database at http://natlex.ilo.org/scripts/laborlex.exe?&lang=E&docno=4997&chap=6.
1341 Anees Jillani and Zarina Jillani, Child Rights in Pakistan (Islamabad:
Society for the Protection of the Rights of the Child/Friedrich-Naumann-Stiftung,
January 2000), 125-27. The West Pakistan Primary Education Ordinance was enacted
in 1962 but never came into force by proper ratification of the law. The Ordinance
was replaced by the 1994 Compulsory Primary Education Act.
1342 National Policy and Action Plan at 18.
1343 Federal data: Federal Government Budget Publication, as cited in Federal
Bureau of Statistics, Pakistan Statistical Year Book 2000 (Islamabad:
Government of Pakistan, Federal Bureau of Statistics, Statistics Division, April
2000), Table 11.2, 306-7; provincial data: Annual Budget Statements of the Provincial
Governments, as cited in Federal Bureau of Statistics, Pakistan Statistical
Year Book 2000 (Islamabad: Government of Pakistan, Federal Bureau of Statistics,
Statistics Division, April 2000) Table 11.6, 316-317. In their book on child
rights in Pakistan, Jillani and Jillani observe that the budget for education
is both inadequate and misused, so that Pakistan compares poorly to other countries
in the region and spends a disproportionate amount of its education funding
on higher education at the expense of primary schooling. Anees Jillani and Zarina
Jillani, Child Rights in Pakistan (Islamabad: Society for the Protection
of the Rights of the Child/Friedrich-Naumann-Stiftung, January 2000), 128-29.
1344 See Chapter 1, Section C, 5, for a fuller discussion of the information
presented in the box, and Appendix B for further discussion, and Tables 14 through
19 for figures on government expenditure over a range of years.