I. Overview
Although most Pakistani children work in the agricultural sector, a large
number of children work in urban centers weaving carpets, manufacturing surgical
instruments, and producing sporting goods for export. There are allegations of
children working in other industries including leather, footwear,1
and mining. Further research is required as the connection between child labor
in these industries and the importation of such items to the United States is
not clear.
Data on the Pakistan labor force and child labor is unreliable.
Nevertheless, there is little doubt that child labor has assumed massive
proportions in Pakistan. The actual total number of working children in
Pakistan is probably somewhere between 2 and 19 million.2
Millions of children in Pakistan suffer under a system of bonded labor. The
bonded labor system consists of giving advances of "peshgi" (bonded
money) to a person. As long as all or part of the peshgi debt remains
outstanding, the debtor/worker is bound to the creditor/employer. In case of
sickness or death, the family of the individual is responsible for the debt,
which often passes down from generation to generation. In the case of children,
the peshgi is paid to a parent or guardian, who then provides the child to work
off the debt.
Bonded labor has long been a feature in brick kilns, carpet industries,
agriculture, fisheries, stone/brick crushing, shoe-making, power looms, and
refuse sorting.3 The Bonded Labor Liberation
Front estimates that eight million children are bonded in Pakistan.4
Half a million are allegedly bonded in the carpet industry alone. Some of
these children reportedly come from Afghanistan, Bangladesh and Burma.5
In September 1988, the Pakistan Supreme Court, in a well-publicized case
against brick kiln owners, legally abolished the "peshgi" (bonded)
system. This Supreme Court decision, however, stopped short of forgiving past
debts.6 The Bonded Labor (Abolition) Act of 1992
abolished and made illegal bonded labor in Pakistan, and cancelled all
obligations of bonded laborers to their employers.
II. Child Labor in Export Industries
Carpets
The most widely recognized export product from Pakistan using child labor is
carpets. In a meeting with an official of the U.S. Department of Labor, the
Pakistan Secretary of Labor maintained that carpet weaving is the only major
export industry employing children. The U.S. State Department Country
Reports on Human Rights Practices for 1993 concurs.7
In 1993, the Provincial Labor Departments compiled statistics on child labor
in nine industries.8 The study found that in
carpet industries, 2,463 children under 14 years of age were found, and another
4,246 were between 14 and 17 years old. A 1992 UNICEF-Punjab report asserted
that according to conservative estimates, one million out of 1.5 million workers
in the carpet industry in Pakistan were children.9
A separate 1992 UNICEF/Government of Pakistan study reported that 90 percent
of the one million workers in the carpet industry are children, many of whom
began working in the industry before 10 years of age.10
The Human Rights Commission of Pakistan found that weaving thrives in
self-contained homesteads, where labor is cheap and readily available. The
Pakistan Carpet Manufacturers and Exporters Association (PCMEA) describes the
Pakistani carpet industry as follows:
The Pakistan carpet industry is primarily a cottage-based industry
employing around 1.5 million people, with heavy concentration in Punjab and Sind
provinces. Of this an estimated 8 percent are children of which the major
portion is comprised of family unit labor. Only 10 percent of the looms are in
factories of 10-30 looms each, while 90% of the weaving is based in village
homes where the amount of work done is by choice of the family unit and beyond
the manufacturers and contractors control.11
Despite legal limitations, child labor is widespread in the carpet industry,
where much production comes from the family-run cottage industry.12
The Government of Pakistan is fully aware of the existence of child labor in
the carpet industry. In March 1992, the Center for the Improvement of Working
Conditions and Environment, within the Labor Department of the Government of
Punjab, in conjunction with UNICEF, reported that over 80 percent of the carpet
weavers in Punjab are children under 15, including 30% under 10.13
Child weavers suffer work-related injuries and illnesses, such as injuries
due to sharp instruments, respiratory tract infections, and body aches. They
also remain uneducated, 42 percent never having attended school and 58 percent
having dropped out.14
In May 1994, the Asian-American Free Labor Institute (AAFLI) investigated
five carpet factories in the Lahore area and found child labor in four of them.
None of these factories was a "parent-child" operation. The AAFLI
report found that carpet exporters did not deny the existence of child labor in
the carpet industry and acknowledged that the bonded labor system or "peshgi"
is regularly practiced, even though it violates the 1992 Bonded Labor Abolition
Act.15
The 1992 UNICEF-Punjab report details the conditions of child labor in the
carpet weaving industry in Punjab. The study surveyed 10 villages and
interviewed 175 children in carpet weaving centers in Punjab. It concluded that
carpet weaving is done mostly by children.16
Eighty-three percent of the survey were male children, but access to
predominantly female carpet weaving centers was restricted.17
The study found the earnings depended on the number of knots per square foot.18 Earnings were low and some children in "training"
status did not earn anything. The maximum wage was 40 rupees (approximately
$1.50) per day.19 The majority of the children
worked between 9 and 10 hours per day with a one hour break. They ate three
meals a day, consisting of bread/rice, dal (lentils) or vegetables.20
Fifty-one percent of the children expressed dissatisfaction with their jobs.
Ninety-four percent of the children suffered one or more work-related illness or
injuries, which included fingertip and hand injuries due to handling sharp
knives, as well as physical abuse.21 Finally,
the report states that contrary to expectation, conditions of work for children
weaving at homes were found to be no better and often even more detrimental to
the child's welfare than for those working in private workshops. Parents tended
to keep their children at the loom for longer hours and the working environment
at home was on the whole not as well ventilated nor adequately lit.22
Carpet manufacturers often avoid labor regulations by subcontracting to "thekedars,"
or middlemen, who control several looms set up in the weavers homes scattered
throughout the countryside.23 Since factories
employing less than 10 workers are not covered by most labor laws, large carpet
enterprises have divided up into smaller units.24
The Human Rights Commission of Pakistan states that work units in rural
areas have more child labor than urban areas. In these village units, the
children are mostly girls, some only six or seven years old; boys are barely
eight. Working conditions are poor, lighting and ventilation inadequate,
hygienic conditions substandard, and the work area hot and humid. Workers
complain of coughs and sickness. The workers usually work 10-hour days, with no
holidays and are paid on a piece-rate basis. Child workers pay is as low as 10
rupees (approximately 37 cents) per day; teenagers, however, earned 20-30 rupees
(74 cents to $1.13) per day, and can even get 50 to 75 rupees ($1.87 to $2.81)
per day for superior quality carpets.
UNICEF describes the work as painful and unhealthy; children sit in cramped
positions for long periods of time, breathing wool dust, working under poor
lighting conditions, straining their eyes and working with chemical dyes. The
children also develop spinal deformities.25
Human Rights Watch/Asia notes many of the children in the carpet industry
are bonded.26 In some situations, parents force
the children to work. In other situations, children are separated from their
families and kept in small buildings which house several carpet looms. Human
Rights Watch/Asia interviewed several children in such factories who were beaten
frequently and rarely allowed to return home. It was noted that if the children
attempted to escape they were forcibly returned to the looms with the help of
the local police.27
Surgical Instruments
The United States imports surgical instruments from Pakistan, especially
from the Sialkot area.28 Although there are no
comprehensive studies on child labor in the production of surgical instruments
for export, the International Textile, Garment and Leather Workers Federation
claims that children between the ages of 10 and 15 years spend eight hours a day
grinding and sanding surgical instruments.29 The
Government of Pakistan's chart on child labor compiled by the provincial
governments in 1993 shows 3,670 children under 17 working in this industry. The
South Asian Coalition Against Child Servitude also maintains that there are
thousands of children working in this industry.30
Sporting Goods
According to the South Asian Coalition on Child Servitude, children are
working in the sporting goods industry in Sialkot and adjoining towns and
villages. The Pakistan Human Rights Commission found no child labor in
factories that supply international sporting goods firms, but children have
been found stitching soccer balls for export in cottage-level family units.31 Children constitute approximately 20 percent to
25 percent of the work force in this sector, and range in age from 12 to 15
years. They work five to six hours per day. The wages are either fixed at
800-900 rupees per month (approximately $30-33) or on a piece-work basis at 20
rupees (approximately 75 cents) per football). A child can usually stitch three
footballs (soccer balls) a day.32
III. Laws of Pakistan
A. National Child Labor Laws
In Pakistan, a "child" is defined as a person younger than
fifteen.33 The legal minimum age for employment
is 14 for shops and commerce, industry, and work at sea, and 15 for mines and on
railways.34 The Constitution of the Islamic
Republic of Pakistan prohibits slavery, forced labor, the trafficking in human
beings, and employment of children below the age of 14 years in any factory or
mine or any hazardous employment.
The Bonded Labor (Abolition) Act declares all customs, traditions,
practices, contracts or agreements concerning bonded labor, whether entered into
or in operation before or after the effective date of the legislation, void and
inoperative. Any obligations on the part of the bonded laborer to repay any
bonded debt were cancelled and no suit could be brought for the recovery of such
a debt. Special provisions in this Act provide for setting up of Vigilance
Committees to advise the district administration on matters relating to the
effective implementation of freed bonded laborers, application of the law, and
providing the bonded laborers with necessary assistance. The penalties for
violating this law are imprisonment from two to five years and/or a fine of
50,000 rupees. According to the U.S. Department of State, little progress was
made in 1993 in the industries employing bonded laborers.35
The Employment of Children Act 1991 prohibits the employment of children in
certain occupations and regulates their conditions of work. No child is allowed
to work over-time or during the night.36
An earlier law prohibited the employment of children in the following
industries: bidi (cigarette) making; carpet making; cement manufacturing
(including bagging of cement); cloth dyeing, printing, and weaving;
manufacturing of matches, explosives, and fireworks; mica cutting and splitting;
shellac manufacture; soap manufacture; tanning; and wood cleaning. The 1991 law
added the following industries: shoe-making, leather, power looms, fishing,
glass, garments, precious stones, metal and wood handicrafts, furniture, and
paper.
Enforcement of child labor laws in Pakistan is hampered by the lack of
manpower and expertise in the Department of Labor and a general acceptance of
child labor, according to Professor Omar Noman.37
Pakistan has appointed a Task Force for Labor to consider improving enforcement
mechanisms and increasing penalties.38 It also
directed provincial governments to provide data on the number of cases
prosecuted and fines imposed under existing child labor and bonded labor laws.39 However, according to the Government of
Pakistan, only one case of bonded labor was found in the Punjab province.40 A National Committee on the Rights of the Child
has been established within the federal government specifically to monitor
enforcement and protection issues related to child workers.41
The Government of Pakistan asserts that labor inspectors are empowered to
carry out regular visits to all employment places covered under the Employment
of Children Act 1991 to check on their compliance with the law. Violators are
to be prosecuted.42 To date, the Act remains
essentially unimplemented and does little to promote much needed enforcement
mechanisms.43
B. Education Laws
The Constitution of Pakistan, in Articles 37 (b) & (c), declares public
policy to:
remove illiteracy and provide free and compulsory secondary education
within the minimum possible period [and to] make technical and
professional education generally available and higher education equally
accessible to all on the basis of merit.44
Among Asian countries, Pakistan ranks 27 out of 28 countries in its literacy
rate of 26.2 percent.45 Despite a 1962 law
requiring each province to designate areas where primary education is
compulsory, none of the provinces have complied. The Government of Pakistan
recently noted, however, that the Punjab government has decided to provide
compulsory primary education free of cost to every child.46
According to the U.S. State Department Country Reports on Human Rights
Practices for 1993, schools are available in most localities, but they have
very limited staff, space, and resources.47
Government figures show that less than 65 percent of children between five and
nine attend primary school, and more than 50 percent of those drop out before
finishing their primary education. Many observers believe that even these
figures are optimistic.
C. International Conventions
Pakistan is a party to ILO Convention No. 59 Concerning Minimum Age for
Employment in Industry and the U.N. Convention on the Rights of the Child.
Pakistan has not ratified ILO Convention No. 138 Concerning Minimum Age for
Employment.48
IV. Programs and Efforts To Address Child Labor
In its 1993 Manifesto, the Pakistan People's Party stated that contract
labor, bonded labor, and child labor will be abolished.49
Pakistan claims to have taken concrete steps to protect the rights of the child
and to eliminate child labor in all sectors of the economy, including the carpet
industry.50 Secretary of Labor, Sultan Hameed,
maintains that the present government has demonstrated the "political will
at the highest level" to address the issue. He also stated that the
federal government held a meeting with the provincial governments and has asked
for periodic progress reports from the provinces on prosecutions and convictions
of child labor violations. According to the Labor Secretary, the Labor and
Commerce ministries are considering setting up an agency to certify that
products manufactured for export are not made by child labor. The government
would like to identify a foreign non-governmental organization to act as the
certifying authority to lend more credibility to the process.51
Recently, the Government signed a Memorandum of Understanding with the
International Labor Organization to cooperate in establishing a national program
on child labor. It has also worked with UNICEF in preparing studies and hosting
a conference on child labor.
In other efforts to address the problem of child labor, the Pakistan Carpet
Manufacturers & Exporters Association (PCMEA) has suggested the formation of
a Committee for the Eradication of Child Labor (FECL), comprised of members from
the PCMEA, government agencies, non-governmental organizations, and human rights
organizations. The objective would be to coordinate efforts to erase all
illegal and exploitative forms of child labor52
by setting up individual welfare projects which would provide primary education,
basic medical facilities, conduct surveys, and issue labels certifying that a
carpet was free of illegal child labor.
UNICEF has conducted several studies in Pakistan on child labor and
publicizes the hazards of child labor in many public settings. The Bonded Labor
Liberation Front promotes education for child workers through their program, "Struggle
Against Slavery Through Education." It has set up 122 small schools with
5000 freed bonded children between 6 and 12 years. The BLLF plans to have 200
schools by the end of 1994.
1 The International Textile, Garment, and
Leather Workers Federation alleges that children 10 and 11 years old are sick
and deformed from years of sniffing glue in a shoe factory. "Action to End
Child Labor Urged,"
International Textile, Garment and Leather Workers' Federation Newsletter,
Issue No. 1 (1994).
2 The Pakistan Labor Force Survey (1990-1991)
put the number of child workers in the age group 10 to 14 at two million. The
Pakistan Institute of Development Economics maintains that two million is a
gross underestimate because a) of serious under-reporting due to the fact that
child labor is illegal, and b) working children below 10 years are not included.
A. R. Kemal,
Child Labor in Pakistan (Pakistan: UNICEF-PIDE, 1994) 5-6 [hereinafter
Kemal]. A 1990 UNICEF study estimated the total number of children at not less
than 8 million. Pakistan's Secretary of Labor, Mr. Sultan Hameed, stated that
the UNICEF figure was "on the high side," but appeared to accept the
figure as being in the general range. Interview with Sultan Hameed, Pakistan
Secretary of Labor, by Department of Labor official (May 19, 1994).
Economists at the Pakistan Institute of Development Economics estimate there
are 19 million working children, 7 million below the age of ten, and 12 million
between 10 and 14 years old. Mazam Mahmood, Muhammad Javaid Khan Tariq, and
Ajmal Baig, Why children do not go to school in Pakistan (Pakistan
Institute of Development Economics - 10th Annual General Meeting, April 2-5,
1994) 8-9. The American Embassy-Islamabad, questioned the 19 million figure
given the fact that the total labor force in Pakistan is 33 million (or 29.8
million according to the World Factbook). The Embassy observed that the 19
million figure "seems high unless the number of workers in the labor force
is widely underestimated." Unclassified memorandum from American
Embassy-Islamabad to International Child Labor Study (June 1, 1994).
3 "Pakistan: Bonded Labor Abolition Act
Passed At last," Social and Labor Bulletin (April 1992) 443 [on
file].
4 "The Battle Goes On," Child
Workers in Asia, vol. 8, no. 4; vol. 9, no. 1 (October-December, 1992, and
January-March 1993) 39.
5 Ehsan Ullah Khan, Child Labour and Bonded
Labour in Pakistan: A Country Report, (Bonded Labor Liberation Front, n.d.)
[on file].
6 Discover the Working Child: The
Situation of Child Labour in Pakistan 1990 (Government of Pakistan and
UNICEF, 1991) 17 [hereinafter Discover the Working Child].
7 Country Reports on Human Rights Practices
for 1993 (U.S. Department of State, February 1994) 1386 [hereinafter Country
Reports].
8 "Government of Pakistan's Replies to the
Questions/Points Raised in the Non-Paper on GSP Worker Rights" [UNOFFICIAL
DOCUMENT] released to the GSP Sub-Committee (April 11, 1994) [hereinafter
Government of Pakistan's Reply to Non-Paper on GSP].
9 Child labor in the carpet weaving
industry in Punjab (Punjab: UNICEF, 1992) 7 [hereinafter UNICEF Punjab
Report].
10 Situation Analysis of Children &
Women in Pakistan (UNICEF and Government of Pakistan, 1992) 84.
11 "A Study on Child Laborers in Pakistan
Hand-Knotted Carpet Industry" Pakistan Carpet Manufacturers and Exporters
Association (PCMEA), included as attachment in "Replies to the
Questions-Points Raised in the Non-Paper on GSP Worker Rights [unofficial
document] (April 11, 1994) [on file] [hereinafter PCMEA Study].
12 Country Reports at 1386.
13 UNICEF Punjab Report at iv.
14 Country Reports at 1386. See
also International Child Labor Hearing, U.S. Department of Labor
(April 12, 1994)(Statement of Human Rights Watch/Asia) [hereinafter Testimony of
Human Rights Watch/Asia].
15 A Report on Child Labor in Pakistan
(Asian-American Free Labor Institute, June 1994) 5-6 [on file] [hereinafter 1994
AAFLI Pakistan Report].
16 UNICEF Punjab Report at 11.
17 Id. at 11.
18 Id. at 13.
19 Id. at 13.
20 Id. at 14.
21 Id. at 15-16.
22 Id. at iv.
23 Id. at 2. See also Discover
the Working Child at 19.
24 Discover the Working Child at 19.
25 Discover the Working Child at 19.
26 Testimony of Human Rights Watch/Asia.
27 Id.
28 Search of Piers Imports database
(Journal of Commerce, 1994) June 1994.
29 Wendy Cane, "Child Labor in the
Production of Surgical Instruments in Pakistan," November 22, 1993
[unpublished manuscript] [on file].
30 Letter from South Asian Coalition Against
Child Servitude to International Child Labor Study (January 13, 1994) [on file].
31 Letter from the Human Rights Commission of
Pakistan to the International Child Labor Study (May 3, 1994) [on file].
32 Letter from the Human Rights Commission of
Pakistan to Defence for Children International (Geneva), April 19, 1994
(attachment to 5/3/94 letter from the Human Rights Commission of Pakistan to the
International Child Labor Study) [on file].
33 UNICEF Punjab Report at 50. See 3a
and 3b, Employment of Children Act 1938.
34 "Child Labor: Law and Practice,"
ILO Conditions of Work Digest, vol. 10, no. 1 (Geneva: International
Labor Organization, 1991).
35 Country Reports at 1385.
36 Kemal at 39.
37 International Child Labor Hearing,
U.S. Department of Labor (April 12, 1994)(Statement of Professor Omar Noman,
Oxford University) [hereinafter Testimony of Noman].
38 Government of Pakistan's Reply to the
Non-Paper on GSP at 21.
39 The Government of Pakistan twice agreed to
provide information to the Child Labor Study on the number of prosecutions and
convictions carried out under the Bonded Labor Act and the Employment of
Children Act. To date, no information has been received.
40 Government of Pakistan's Reply to the
Non-Paper on GSP at 23.
41 International Child Labor Hearing,
U.S. Department of Labor (April 12, 1994) (Statement of the Embassy of
Pakistan).
42 Government of Pakistan's Reply to the
Non-Paper on GSP at 18.
43 Country Reports at 1386.
44 Testimony of Noman.
45 "The Path to Freedom - BLLF Pakistan,"
in Child Workers in Asia, vol. 8, no. 4 & vol. 9, no. 1
(October-December 1992, and January-March 1993) 36.
46 Government of Pakistan's Reply to the
Non-Paper on GSP at 19.
47 Country Reports at 1382.
48 Lists of Ratifications by Convention
and by Country (as at December 1992) (Geneva: International Labor
Organization, 1993).
49 Pakistan Peoples Party Manifesto 1993:
Public-Private partnership: An Agenda for Change (Central Secretariat, PPP,
Karachi-Pakistan, n.d.) [on file].
50 American Embassy-Islamabad unclassified
telegram no. 5130, May 26, 1994; Interview with Pakistan Secretary of Labor
Sultan Hameed by Department of Labor official (May 19, 1994).
51 American Embassy-Islamabad unclassified
telegram no. 5130, May 26, 1994.
52 PCMEA Study at 4.