Unfortunately, not even a single day goes without at least one case (reported or unreported) of child abuse, rape, murder, kidnapping, torturing, or becoming a victim of marital disputes and enmity. Even children’s rights are infringed by forced labour; forcing them to work in a hazardous environment and their employment as minors watching because of financial hardships and other factors in our society. However, the article will focus on the child labour laws and the legal commitments of Pakistan in this regard as an important signatory of the International Labour Organisation’s Minimum Age Convention (C138), ratified in 1973.
Since 1996, there was not even a single nationwide survey on child labour in Pakistan. However, federal and all provincial governments agreed to conduct a nationwide survey to extract data on child labour and the commitments of Pakistan with special reference to the international legal instruments that have been ratified by the country. These instruments regarding child labour are ILO C.138, Minimum Age, ILO C.182, Worst Forms of Child Labour, UN CRC, UN CRC Optional Protocol on Armed Conflict, UN Convention on the Rights of Child, CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, and Palermo Protocol on Trafficking in Persons.
According to the survey, 12.4 per cent of the children between five and 14 years are working in Punjab, and 21.5 per cent of children of the same age category are working in Sindh. The survey further concludes that Khyber Pakhtunkhwa, Punjab, and Sindh meet the international criteria of a minimum age of work as per “ILO C.138, Minimum Age” that is 15 in some circumstances. However, Pakistan’s labour laws are not much aligned with its international commitments regarding child labour. For instance, article 3 of the ILO Minimum Age Convention (C138) states regarding minimum age standard for children as “the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to less than 18 years.”
But all federal and provincial legal instruments in Pakistan consider 15 as the minimum age for child labour. Even, Baluchistan province did not set the minimum age for employment of children.
In Punjab, Punjab Domestic Workers Act 2019, Punjab Restriction on Employment of Children Act 2016, and Punjab Prohibition of Child Labour at Brick Kilns Act legally disallow a child to work if he/she is below 15 years.
In Khyber Pakhtunkhwa, the Khyber Pakhtunkhwa Prohibition of Employment of Children Act, Khyber Pakhtunkhwa Shops and Establishment Act and Khyber Pakhtunkhwa Factories Act term 15 years as the legal age to work.
In Sindh, Sindh Prohibition of Employment of Children Act, Sindh Factories Act, Sindh Shops and Commercial Establishment Act allows the age of 15 as legal for child labour to work. In the capital territory, Factories Act, Shops and Establishment Ordinance, Mines Act, and the Road Transport Workers Ordinance allow a child to work at the age of 15.
There is a dire need to respect children’s rights at the individual, societal, and state levels.
Even the grave violations of above-mentioned conventions can be seen regarding human rights as well as children’s rights. The most alarming matter is the working of minors (below 15 years) in factories, brick kilns, houses, and on roads. There is not a fair implementation of these laws, particularly in rural areas.
Physical violence and mental torture, including sexual abuse, are the most severe threats, especially for working children. Forced child labour and lowest wages further humiliate and exploit children. So, the working place atmosphere is not compatible with children’s rights. There are severe threats to the rights of children in multiple shapes.
Many cases have been registered in the last year about brutal violence against children. For instance, in February, the case of eight-year-old maid Areej Fatima who was tortured badly by irons rods and sticks on demanding her salary of two months was registered. Another case was registered of violence against a child in the workplace in which a 16-year-old housemaid -Uzma- was beaten badly by house lady for talking food from her plate. She was kept in a locked room for days.
There are many other cases which are unreported regarding violation of children’s rights.
There is a dire need to respect children’s rights at the individual, societal, and state levels. The laws of the federal government and provinces must be revised and enacted in compliance with the international standards by fulfilling their responsibilities of legal binding as per the ratified conventions of the International Labour Organisation. The minimum age of work must be 15 years following the ILO conventions. There must be a stern check and balance on workplace violence on children as well as to create a work-friendly environment for them to work after 15 years. Children should not be allowed to work in homes, streets, factories, and brick kilns.
A comprehensive and international model of check and balance must be applied to individuals and groups who flout the rules and regulations. Give relief to the innocent and voiceless souls by giving protection to their rights.
The writer is a member of the American Bar Association, Human Rights activist and legal researcher