Pakistan – Children’s rights

CHAPTER 2 – Protect, Respect, Remedy Framework

Pillar I: State duty to protect human rights (page 12)

‘Pakistan’s domestic legal framework provides various guarantees and includes protection of the rights of workers especially in relation to […] the elimination of child labour.’

‘The NHRIs in Pakistan have an evolving role and special powers to protect human rights and improve Pakistan’s reporting standards internationally. In addition to the National Commission for Human Rights (NCHR), other NHRIs include the National Commission on Child Welfare and Development (NCCWD), the National Commission on the Rights of the Child (NCRC) […].’

 

CHAPTER 3 – National Action Plan Priority Areas and Proposed Actions

3.1.  General Proposed Actions (page 15)

  • Federal

‘1. Conduct a mapping exercise to chart national progress made against, and steps required to advance, the four elements of the Fundamental Principles and Rights at Work, that is: […] (2) abolishment of child labour […].

Performance indicator(s): (i) Mapping exercise report

UN Guiding Principle(s): 1, 2, 3, 8

Relevant SDG(s): Goal 5 – Gender Equality; Goal 8 – Decent Work and Economic Growth; Goal 10 – Reduced Inequalities; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Annex I: Implementation Plan, Proposed Action 1 designating the Ministry of Human Rights, Ministry of Overseas Pakistanis and Human Resource Development and the Ministry of Commerce as Leading Entities (page 42).

3.2. NAP Priority Areas

3.2.4. Labour Standards and the Informal Economy (page 28)

‘As established during the NBA and consultative process, Pakistan’s labour challenges stem from the lack of strict enforcement of labour laws at the ground level [including] […] child labour.’

‘The respective Provincial Governments of Punjab, Sindh, and Khyber Pakhtunkhwa each passed a Labour Policy in 2018 committing to the provision of decent work for workers, in accordance with several ILO Conventions, and focusing on Occupational Health and Safety for workers, and the eradication of child labour as well as forced labour. […] Pakistan has also ratified several ILO Conventions that require States to protect the rights of workers, eradicate child labour, […].’

3.2.5. Child Labour (page 32)

‘As established during the NBA and consultative process, legislation regarding child labour in Pakistan requires more effective implementation and enforcement at the ground level. Additionally, lapses in procedural safeguards such as the appointment of labour inspection mechanisms hinder progress. Furthermore, greater consensus and coherence regarding the definitions of child labour, hazardous work, and the worst forms of child labour is also needed. The State of Pakistan is committed to fulfilling its obligation to eliminate child labour as per the Constitution, and the Convention on the Rights of the Child, ILO Convention No. 138 (Minimum Age), ILO Convention No. 182 (Worst Forms of Child Labour), as well as other international and domestic legal instruments. Additionally, in March 2019, the Ministry of Human Rights, with the support of UNICEF, launched a national Child Labour Survey. The results of this survey will be used to generate evidence-based cross-sectoral responses to support the eradication of child labour across Pakistan.’

Proposed Actions

  • Federal (page 32)

‘51. Conduct a national study to determine progress made against the elimination of child labour in all its forms by 2025 in line with SDG 8.7, and provide recommendations and actions for rectification of gaps.

Performance indicator(s): (i) Amendment of law UN Guiding Principle(s): 1, 3

Relevant SDG(s): Goal 4 – Quality Education; Goal 8 – Decent Work and Economic Growth; Goal 16 – Peace, Justice and Strong Institutions

This information is also covered under Appendix I: Implementation Plan, Proposed Action 51, designating the Ministry of Human Rights, the Commission on Human Rights and the National Commission on the Rights of the Child as Leading Entities (page 65).

‘5.2. Amend the Children (Pledging of Labour) Act 1933 to raise the penalties payable, by both parents/guardians and employers, for the pledging and employment of children.

Performance indicator(s): (i) Amendment of law

UN Guiding Principle(s): 1, 3

Relevant SDG(s): Goal 4 – Quality Education; Goal 8 – Decent Work and Economic Growth; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 52, designating the Ministry of Law and Justice and the Ministry of Human Rights as Leading Entities, and designating the Parliamentary Functional Committee on Human Rights and the National Commission on the Rights of the Child as Additional Entities (page 65).

  •  Federal and Provincial (pages 32-33)

’53. Pass legislation, and amend existing legislation where applicable, and ensure implementation, on Employment of Children to (1) raise the age of a child, as defined by the legislation, to the compulsory school-going age of 16, per Article 25-A of the Constitution; (2) prohibit hazardous work under the age of 18; (3) raise the penalties payable for violations; and (4) include domestic work amongst schedule of hazardous occupations.

Performance indicator(s): (i) Legislation or amendments enacted

UN Guiding Principle(s): 1, 3

Relevant SDG(s): Goal 4 – Quality Education; Goal 8 – Decent Work and Economic Growth; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 53 designating the Ministry of Law and Justice, the Provincial Law Departments, the Provincial Labour Departments and the Ministry of Human Rights as Leading Entities, and designating the Ministry of Parliamentary Affairs, the Provincial Parliamentary Affairs Departments, the Provincial Human Rights Commission on the Rights of the Child, the National Commission for Child Welfare and Development, the Ministry of Inter-Provincial Coordination and the Ministry of Interior as Additional Entities (page 66).

’54. Conduct nationwide awareness and advocacy campaigns on children’s fundamental right to education and the elimination of child labour.

Performance indicator(s): (i) Number of awareness-raising activities

UN Guiding Principle(s): 1, 3

Relevant SDG(s): Goal 4 – Quality Education; Goal 8 – Decent Work and Economic Growth; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 54 designating the Ministry of Human Rights and the Provincial Human Rights Departments as Leading Entities, and designating the National Commission for Child Welfare and Development, the Provincial Child Welfare Departments/Bureaus, the National Commission on the Rights of the Child, the Provincial Social Welfare Departments, the Ministry of Federal Education and Professional Training, the National Commission on Human Rights, Media, CSOs & NGOs, the Ministry of Information, Broadcasting, National History and Literary Heritage and the Provincial Education Departments as Additional Entities (page 66).

3.2.8. Access to Remedy

Proposed actions

  • Federal and provincial (page 37)

‘66. Establish Child Protection Courts in all districts, and review the framework of existing Child Protection Courts to include the authority to direct the training and rehabilitation of victims of child labour.

Performance indicator(s): i) Number of newly established Child Protection Courts; (ii) Review reports; (iii) Budgetary allocations

UN Guiding Principle(s): 1, 3, 25, 26

Relevant SDG(s): Goal 8 – Decent Work and Economic Growth; Goal 16 – Peace, Justice and Strong Institutions’

This information is also covered under Appendix 1: Implementation Plan, Proposed Action 66 designating the Ministry of Human Rights, the Ministry of Law and Justice, Provincial Home Departments, Provincial Legal Departments and Legal experts as Leading Entities, and designating the High Courts, the Supreme Court of Pakistan, the Law and Justice Commission of Pakistan, the Provincial Human Rights Departments, the Federal Public Service Commission, the Provincial Service Commissions, the Federal Judicial Academy and the Provincial Judicial Academies as Additional Entities (page 70).

 

CHAPTER 4: State Expectations of Business Enterprises (pages 38-41)

‘To facilitate and guide business enterprises in ensuring compliance with and supporting the effective implementation of the NAP priority areas and the UNGPs, the State of Pakistan expects business enterprises to:

[…]

2. Ensure the elimination of child labour, forced or bonded labour, and all forms of modern slavery from their business operations and supply chains. This may be expedited through the utilisation of effective and thorough human rights due diligence.

[…]

13. In addition to the UNGPs, be cognisant of and guided by international guidelines and principles such as […] OECD Practical Actions for Companies to Identify and Address the Worst Forms of Child Labour in Mineral Supply Chains […].’

 

ANNEX II: Actions Already Undertaken by Pakistan

B. Measures Relevant to NAP Priority Areas

ii. Anti-Discrimination, Equal Opportunity, and Inclusion

  • Gender-Based Discrimination (page 74)

‘The Ministry of Human Rights has launched a helpline aimed at offering legal advice and support regarding women’s right to inheritance. The Ministry has also launched an awareness campaign on ‘Rights of the Girl Child’.’

a) Inclusion of Vulnerable Groups and Marginalised Communities in Workplace

  • Sindh (page 79)

‘The Sindh Labor Policy 2018 contains a separate chapter that covers the following: […] iii) Child labour […].’

v. Child Labour

  • ICT (page 84)

‘Domestic child labour was proscribed through an amendment in 2021 on Employment of Children Act 1991.’

  • Punjab (page 84)

‘In 2016, the Punjab Government passed the Punjab Restriction on Employment of Children Act, which prohibits employing children in hazardous occupations. It also imposes a fine of up to fifty thousand rupees and jail time of at least 7 days, which can be extended up to 6 months if the provisions of the Act are disregarded. The Act also contains punishments for those caught subjecting children to slavery, prostitution, or have them involved in illicit activities such as drug trafficking i.e. jail time of up to 7 years and no less than 3 years and a fine of no less than three thousand rupees and no more than one million rupees.

The Punjab Prohibition of Child Labour at Brick Kilns Act prohibits the employment of anyone younger than 15 years old at brick kilns.

Elimination of child labour and bonded labour project has been initiated in Punjab to provide education to vulnerable children, rehabilitate bonded laborers working in brick kilns, promote integration and coordination of Government responses, strengthen legislation, increase the capacity of law enforcement and service providers, and increase the knowledge base on these issues. As of May 2017, the program provided cash assistance to families of 88,000 child laborers to support children to attend school rather than working in brick kilns. The project ended in July 2018.’

  • Sindh (page 84)

‘The Sindh Prohibition of Employment of Children Act 2017 prohibits the employment of children and regulates the employment of adolescents in certain occupations of work.’

  • Khyber Pakhtunkhwa (page 85)

‘The Khyber Pakhtunkhwa Prohibition of Employment of Children Act 2015 is a specialized law which defines a child as anyone under the age of 15 years old, and states that a child above the age of 12 years old can engage in light work for a maximum of 2 hours per day alongside a family member to acquire skills. Moreover, it stipulates that no adolescents (between 15 – 18 years old) can be engaged in hazardous work.’

  • Balochistan (page 85)

‘In 2016, the Balochistan Assembly passed the Balochistan Child Protection Act, which provides protection to children from all forms of mental or physical violence, injury, neglect or negligent treatment, maltreatment, or exploitation, including sexual abuse.’