Qamar Naseem
Child labour in Pakistan continues to be a reality faced by many Pakistani children. Deprived of the opportunity to study like most other children, many are forced into work from an early age. Both the Constitution and Labour laws prohibit the employment of children before the age of 14 years. However, ILO and UNICEF differentiate between child labour and child work.
According to ILO and UNICEF, all work done by children can’t be classified as child labour. So, there is a need to differentiate between child labour and child work. If work is not affecting the health and personal development as well as the schooling of children, then this type of work can not be taken negatively and does not fall in the category of child labour, e.g. assisting in a family business or working during school holidays or after school hours. These activities are not “child labour”, rather these can be termed as ‘child work’. Child work is not only important for the personal development of children but it also provides them with the necessary skills to be useful and productive members of society.
Although Pakistan’s Employment of Children Act 1991 addresses this issue, the country continues to have difficulties implementing the legislation. The Government of Pakistan has also ratified ILO core Conventions related to child labour: Minimum Age Convention, 1973 (No. 138); Worst Forms of Child Labour Convention, 1999 (No. 182).
According to the Human Rights Commission of Pakistan (HRCP), Pakistan has a big problem with child labour: an estimated 12 million children work in the country. Many of these children have limited educational opportunities. One of the most common jobs that these children are forced to do is domestic servitude, which requires children to serve the owners of the house. These child labourersmay be forced to work from dawn to dusk, fed with leftovers and allowed to be punished in different ways. As a result of this form of labour, children are deprived of healthcare and education.
On Aug. 6, 2020, Pakistan banned child domestic labourfor the first time, passing an amendment that makes it illegal for children to participate in domestic labour. The government recognized the consequences of this labour, such as trauma and abuse, among young domestic workers.The new law was implemented in response to the death of Zohra Shah, an 8-year-old girl and domestic worker who was brutally beaten and died. At the same time, Shah is not the only victim of abuse as a result of child labour in Pakistan. Among the other victims is 16-year-old Uzma Bibi, who was beaten. In addition, 10-year-old TayyabaQueinwas abused, making this a serious problem for the country. Accordingly, the Federal Minister of Human Rights announced that the cabinet’s decision will now include child domestic labour under the Employment of Children Act 1991.
There are several constitutional provisions pertaining to child labour in Pakistan.
Article 3: the state shall ensure the elimination of all forms of exploitation and the gradual fulfilment of fundamental principles, from each according to his ability and to each according to his work.
- Article 11(3): No child below the age of 14 years shall be engaged in any factory or mine or any other hazardous employment.
- Article 25(A): The state shall provide free and compulsory education to all children of the age of five to sixteen years in such mannear as determined by law.
- Article 37(e): The state shall make provision for securing just and humane conditions of work, ensuring that women and children are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment.
The Constitution of Pakistan contains provisions for the economic and social well-being of the people and for the promotion of social justice. Fundamental rights with regard to the security of life or liberty, prohibition of slavery and forced labour, and the right to form associations or unions, among others, are enshrined in the Constitution. Article 11 of the Constitution of the Islamic Republic of Pakistan guarantees that “no child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment. Realizing the crucial role of education in the eradication of child labour, Article 25-A was added to the Constitution under the 18th Constitutional Amendment 2010, requiring the state to provide free and compulsory education to all children of the age of five to sixteen years. Education is one of the most effective means of controlling and combating child labour. Similarly, Article 37(e) of the Constitution requires the State to make provisions for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex.
One of the biggest challenges in dealing with the issue of child labour in Pakistan is the non-standardization of age. The minimum age for admission to work is set under the Mines Act 1923 (15 years), Factories Act 1934 as well as its provincial variants enacted after devolution (14 years), Shops & Establishments Ordinance 1969 and its provincial variants enacted in Sindh and Khyber Pakthunkhwa (14 years) and Road Transport Workers Ordinance 1961 (18 years). The minimum age for starting work is 14 years under the Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015 and Sindh Prohibition of Employment of Children Act, 2017. The minimum age for admission to work is raised to 15 years under Punjab Restriction on Employment of Children Ordinance 2016.
The minimum age for light work, in line with the provision of Convention 138, is prescribed under the Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015 which states as follows: Section 3. Prohibition of employment. (1) No child shall be employed or permitted to work in any establishment: Provided that a child not below the age of 12 years may be engaged in the light work, alongside his family member, for a maximum of two hours per day mainly for the purpose of acquiring skills, in a private undertaking, or in any school established, assisted or recognized by Government for such purpose.
The provisions on light work are also found in the legislation of Sindh province prohibiting the employment of children.The minimum age for hazardous work is set as 14 years under the Employment of Children Act 1991 (applicable currently in Islamabad Capital Territory (ICT), Balochistan and Sindh). After devolution, Khyber Pakhtunkhwa, Punjab and Sindh Province have enacted necessary legislation raising the minimum age for hazardous work to 18 years, in line with the provisions of Convention 138. The minimum age for hazardous work is raised to 18 years in the draft legislation for Islamabad Capital Territory and Balochistan. There are also Hazardous Occupations Rules, framed under the Factories Act whichprohibits employment of children in certain hazardous occupations (lead, rubber, sandblasting, chromium, etc.). The worst forms of child labour, as described under Convention 182, are regulated and prohibited under various Acts including the Pakistan Penal Code 1860 and the Prevention and Control of Human Trafficking Ordinance 2002. The Punjab Restriction on Employment of Children Act 2016 and Sindh Prohibition of Employment of Children Act 2017 also prohibitsthe worst forms of child labour, as specified under Convention 182, and prescribes stringent penalties.
Following instruments of legislation deal exclusively with the subject of child labour.
- The Children (Pledging of Labour) Act 1933 (applicable in all provinces)
- The Employment of Children Act 1991 (applicable in Balochistan and ICT)
- The Employment of Children Rules 1995 (applicable in Balochistan and ICT)
- Khyber Pakhtunkhwa Prohibition of Employment of Children Act 2015
- Punjab Prohibition of ChildLabour at Brick Kilns Act 2016
- Punjab Restriction on Employment of Children Act 2016
- Sindh Prohibition of Employment of Children Act 2017
Despite constitutional and policy frameworks, the problem of child labour remains large and the progress is slowing, today the renewal of the commitment is important Target 8.7 of the UN Sustainable Development Goals calls for an end to child labour in all its forms by 2025. Yet simply maintaining the current rate of progress would leave millions of Pakistani children still engaged in child labour by this critical target date.
It is imperative that both the federal and provincial governments must advance the legal commitment to child labour elimination and the central role of social dialogue, and promote decent work for adults and youth of legal working age, especially through addressing informality, build and extending social protection systems, including floors, to mitigate the economic vulnerability of households, expand access to free, quality public education as the logical alternative to child labour, address child labour in supply chains and protect Pakistani children in situations of fragility and crisis.
The author is a human rights activist and Tweets @QamarNaseemPak
