Links http://www.esds.ac.uk/government/l fs/ http://www.dol.

gov/ILAB/media/rep orts/iclp/tda2001/pakistan.htm http://www.globalmarch.org/worstfo rmsreport/world/pakistan.html http://www.sparcpk.org/events/laun ched_SOPC_2009.php

Child Labor
February 04, 2000

RanaJawadAsghar's commentary (Jan. 20) calls child labor in Pakistan an inevitable byproduct of poverty and argues that efforts to reduce child labor hurt the very people they seek to help. I disagree. The Clinton administration, along with other governments and organizations around the world, believes that abusive child labor can--and must--be eliminated. Last June, 174 nations adopted an International Labor Organization convention that calls for action to remove children from abusive child labor and put them in school. Already, our government--with bipartisan support in Congress--is funding projects to provide tens of thousands of children with education and thousands of families with income-generating alternatives to the scourge of abusive child labor.

http://articles.latimes.com/2000/feb/04/local/me-60816

Child Labor & Education Project
Posted by Muhammad Ramzan on Oct 24th, 2009

What is Child Labor?
Child labor is work that harms children or keeps them from attending school. Around the world and in the U. S., growing gaps between rich and poor in recent decades have forced millions of young children out of school and into work. The International Labor Organization estimates that 246 million children between the ages of 5 and 17 currently work under conditions that are considered illegal, hazardous, or extremely exploitative. Underage children work at all sorts of jobs around the world, usually because they and their families are extremely poor. Large numbers of children work in commercial agriculture, fishing, manufacturing, mining, and domestic service. Some children work in illicit activities like the drug trade and prostitution or other traumatic activities such as serving as soldiers.

Child labor involves at least one of the following characteristics:
y y y y y

Violates a nation s minimum age laws Threatens children s physical, mental, or emotional well-being Involves intolerable abuse, such as child slavery, child trafficking, debt bondage, forced labor, or illicit activities Prevents children from going to school Uses children to undermine labor standards

Child labor can be found in nearly every industry
Agriculture

Nearly 70% of child labor occurs in agriculture, fishing, hunting, and forestry. Children have been found harvesting:
y y y y y y y

bananas in Ecuador cotton in Egypt and Benin cut flowers in Colombia oranges in Brazil cocoa in the Ivory Coast tea in Argentina and Bangladesh fruits and vegetables in the U.S.

Children in commercial agriculture can face long hours in extreme temperatures, health risks from pesticides, little or no pay, and inadequate food, water, and sanitation. Manufacturing

About 15 million children are estimated to be directly involved in manufacturing goods for export, including:
y y y y y y

Carpets from India, Pakistan, Egypt Clothing sewn in Bangladesh; footwear made in India and the Philippines Soccer balls sewn in Pakistan Glass and bricks made in India Fireworks made in China, the Dominican Republic, El Salvador, Guatemala, India, and Peru Surgical instruments made in Pakistan

Mining and Quarrying

Child laborers suffer extremely high illness and injury rates in underground mines, opencast mines, and quarries. Children as young as 6 or 7 years old break up rocks, and wash, sieve, and carry ore. Nine-year-olds work underground setting explosives and carrying loads. Children work in a range of mining operations, including:
y y y y y y

Gold in Colombia Charcoal in Brazil and El Salvador Chrome in Zimbabwe Diamonds in Cote d Ivoire Emeralds in Colombia Coal in Mongolia

Domestic Service

Many children, especially girls, work in domestic service, sometimes starting as young as 5 or 6. This type of child labor is linked to child trafficking. Domestic child laborers can be victims of physical, emotional, and sometimes sexual abuse.
Hotels, Restaurants, and Retail

Some of the work of young people in this sector is considered legitimate, but there are indications of considerable abuse. Low pay is the norm, and in some tourist areas, children¶s work in hotels and restaurants is linked to prostitution. In at least one example, child hotel workers received such low pay that they had to take out loans from their employers; the terms of the interest and repayment often led to debt bondage.
Unconditional Worst Forms of Child Labor

8.4 million children are involved in work that, under any circumstance, is considered unacceptable for children, including the sale and trafficking of children into debt bondage, serfdom, and forced labor. It includes the forced recruitment of children for armed conflict, commercial sexual exploitation, and illicit activities, such as producing and trafficking drugs.

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http://www.pakistanlaw.net/pakistan-law/civil-law/child-laboreducation-project/

National Labour Law Profile: Islamic Republic of Pakistan
Updated July 2004 by NatachaWexels-Riser, maîtrise in International Law, Diplômed¶EtudesSupérieuresSpécialisées (Master of Laws) in International Administration (Paris II, Panthéon-Assas).Lectured in International Law, Paññasastra University of Cambodia.

Historical Background
The United Kingdom established its presence in South Asia in the early part of the 17th century. By the 1850¶s, the British had expanded their influence and controlled most of the Indian sub-continent, which included present-day Pakistan and Bangladesh. In 1857, the administration of the country was handed over to the British government. Opposition to British rule began at the turn of the 20th century. Although vigorous efforts were made to include Muslims in the Indian nationalist movement, concern for Muslim political rights led to the formation of the Muslim League in 1906. The concept of Pakistan, a Muslim nation distinct from Hindu India, was introduced in the 1930s, as fear grew among Indian Muslims of becoming a minority in Hindu India. In 1940, the Muslim League, led by Muhammad Ali Jinnah, called for the creation of a separate Muslim state, in the regions that housed a majority of Muslims. The Indian Independence Act, which came into effect on 15 August 1947, provided for the partition of British India, and the establishment of a separate self-governing dominion within the Commonwealth, Pakistan. Under this arrangement, the various princely states could freely join either India or Pakistan. This resulted in a bisected Muslim nation separated by Indian territory, composed of an East Pakistan (present-day Bangladesh) and West Pakistan. Problems rose in Kashmir, where a Hindu Maharaja ruled over a Muslim majority. He signed over Kashmir to India, but Pakistan refused to recognize the accession. The status of Kashmir has remained in dispute. Muhammad Ali Jinnah became the first governor-general of Pakistan, and Liaquat Ali Khan its first Prime Minister. In March 1956, Pakistan finally produced a constitution and formally became an Islamic republic within the Commonwealth. General IskanderMirza became its first president. In October 1958, President Mirza abrogated the Constitution, banned political parties, declared martial law and granted power to General Muhammad Ayub Khan. In 1960 he was elected to the presidency and abolished the office of prime minister. East Pakistan declared its independence as Bangladesh on 26 March 1971, which was recognized by Pakistan¶s President, Zulfikar Ali Bhutto, in February 1974. A new Constitution was promulgated in 1973 by then President Bhutto. In 1988, President Zia proclaimed the supremacy of Shari¶a, by which all civil law had to conform to Islamic Law. In November of the same year, elections brought the first elected woman in a Muslim country, Benazir Bhutto, daughter of Zulfikar Ali Bhutto, to the head of the state. She held office until 1996. In October 1999, General Pervez Musharraf, in a military coup, deposed Prime Minister Nawaz Sharif, issued a Provisional Constitutional Order, suspended the Constitution and the federal and provincial parliaments, and designated himself as Chief Executive. In August 2002, President Musharraf promulgated 29 constitutional amendments (the Legal Framework Order) with the effect of making Presidential power resistant to any political opposition in the parliament. In October 2002, Parliamentary elections were held and Pakistan Muslim League-Quaid (PMLQ) leader Zafarullah Khan Jamali was elected Prime Minister. Elections to the Senate were held in February 2003. By March of the same year, the Constitution was fully restored. In December 2003 several new amendments were introduced to the Constitution, which somewhat limited the Presidential powers.

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General Constitutional Framework
A permanent Constitution of Pakistan became effective as of 14 August 1973. The Constitution, as amended up to December 2003, provides for a federal democratic State, based on Islamic principles of social justice, though Pakistan has often alternated between civilian rule and extended periods of military rule.

Executive power
Executive power is vested in the President, who is also the Head of State. The President is elected by an electoral college composed of the members of both Houses, and the members of Provincial Assemblies. Pursuant to Article 41 of the Constitution, the validity of the election of the President shall not be called in question by or before any court or other authority. The President holds office for a term of five years, renewable once.

The President acts upon advice of the Cabinet or the Prime Minister, but may require them to reconsider such advice, before acting in accordance with it. The President acts in his or her discretion upon matters entitled to him or her by the Constitution. The validity of such acts may not be called into question on any grounds whatsoever Article 48(2) of the Constitution). The President has the power to dissolve the National Assembly, on the advice of the Prime Minister (Article 58 of the Constitution), or in his or her own discretion, under certain circumstances. The President is advised in his or her functions by a Cabinet, with a Prime Minister at its head, appointed in the president¶s discretion among the members of the National Assembly (Article 91). The Prime Minister must obtain the confidence of the National Assembly. The Cabinet is responsible to the National Assembly, which may pass a vote of no confidence.

Legislative power
The Majlis-e-Shoora (Parliament) of Pakistan consists of two Houses i.e., the Senate (Upper House) and the National Assembly (Lower House). The Senate is a permanent legislative body and is comprised of 100 members, of which members of the four Provincial Assemblies, Federally Administered Tribal Areas and Federal Capital form its electoral college. The term of the Senators is 6 years. The Constitution provides for the number of women to be elected in the different bodies. The Senate may not be dissolved. The National Assembly has a total membership of 342 elected through adult suffrage, of which 60 seats are reserved for women, and 10 seats are reserved for non-Muslims. The seats of the National Assembly are allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital on the basis of their population in accordance with the last officially published census. The Federal Legislative List, which identifies the subjects within the sole legislative purview of Parliament, is divided into two parts. Legislation on items in the first part, which includes national defense, nationality and citizenship, foreign affairs, civil service and a wide range of other items, must be introduced in the National Assembly. If passed by the National Assembly, the bill is then forwarded to the Senate for consideration. Within a period of ninety days, the Senate may either pass the bill with or without amendment, or reject it entirely. If the Senate should fail to take any action on the bill within the prescribed period of time, the bill is deemed to have been passed without amendment. It then moves on to the President for assent and for publication as an act of Parliament. An amended or rejected bill must be reconsidered by the National Assembly and, if it is again passed by that body, with or without amendment, the bill is forwarded to the President for his or her assent. All other proposed legislation, bills relating to items in the second part of the Federal Legislative List or in the Concurrent Legislative List may be introduced in either house. The Concurrent Legislative List found in Article 70(4) of the Constitution, includes provisions for the welfare of labor: conditions of labor, employer's liability, workers¶ compensation and health insurance; trade unions, industrial and labor disputes; establishment of and carrying on of labor exchanges, employment information bureaus and training establishments; regulation of labor and safety in mines, factories and oil- fields; and unemployment insurance. Bills originating from the second part of the Federal Legislative List or the Concurrent List are sent to the President for his or her signature. If within seven days, he or she fails to do so, the bill automatically becomes an act of Parliament. The Islamic Republic with its federal capital at Islamabad is comprised of four provinces: Punjab, Sindh, North West Frontier and Baluchistan, in addition to the Federally Administered Tribal Areas. All residual powers fall to the Provincial Governments, although the Majlis-e-Shoora retains exclusive power to legislate for those areas in the Islamic Republic of Pakistan, which are not delegated to any Province. In particular, responsibility for education, labour, health, industry, social welfare, agriculture, and roads is largely entrusted to the Provinces, even though the formulation of general principles in some of these matters is expressed in the Concurrent Legislative List.

Judiciary
Pursuant to Article 175 of the Constitution, there is a Supreme Court of Pakistan, a High Court for each Province, and other courts established by law. The Judiciary shall be separated progressively from the Executive within 14 years running from December 2003. The Supreme Court is the highest court of justice in the country and maintains a permanent seat in Islamabad. It consists of a Chief Justice known as Chief Justice of Pakistan and such number of other judges as may be determined by Parliament. At present, in addition to the Chief Justice, there are twelve Judges in the Supreme Court. The Supreme Court (Number of Judges) Act, 1997 provides for a number of 16 judges in addition to the Chief Justice. The Chief Justice of Pakistan has recommended the names of justices from Provincial Courts to fill the four seats that have been vacant since January 2004. The Law Ministry is yet to draft a summary based on these recommendations. Two other Judges are to retire this year and questions are raised as to their replacement. The provincial High Courts are also facing a shortage of judges. Any decision of the Supreme Court, to the extent that it decides a question of law or is based upon or enunciates a principle of law, is binding on all other courts in Pakistan. There is a Federal Shariat Court composed of eight Muslim Judges, which may, pursuant to Article 203D of the Constitution, either of its own motion or on the petition of a citizen of Pakistan or the Federal Government or a Provincial Government, examine and decide the question whether or not any law or provision of law is repugnant to the injunctions of Islam, as laid down in the Holy Quran and Sunnah of the Holy Prophet (the Injunctions of Islam). If the Court decides that a law or provision of law is repugnant to the Injunctions of Islam, the law ceases to have effect, and must be amended. Furthermore, this Court also has appellate jurisdiction over all cases which can be tried under Huddood Law. An appeal of a decision of this court lies in the Shariat Appellate Bench of the Supreme Court.

With reference to specific types of cases, in particular labour disputes, Special Courts for Trial of Offenses and Tribunals have been created. Appeals from the Special Courts are generally submitted to the High Courts, with the exception of Labour Courts, which retain separate forums of appeal.

Labour Rights in the Constitution
The Constitution of Pakistan contains a range of provisions with regards to labour rights found in Part II: Fundamental Rights and Principles of Policy. 

   

Article 11 of the Constitution prohibits all forms of slavery, forced labour and child labour; Article 17 provides for a fundamental right to exercise the freedom of association and the right to form unions; Article 18 proscribes the right of its citizens to enter upon any lawful profession or occupation and to conduct any lawful trade or business; Article 25 lays down the right to equality before the law and prohibition of discrimination on the grounds of sex alone; Article 37(e) makes provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment.

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Labour Legislation
Pakistan¶s labour laws trace their origination to legislation inherited from India at the time of partition of the Indo-Pak subcontinent. The laws have evolved through a continuous process of trial to meet the socio-economic conditions, state of industrial development, population and labour force explosion, growth of trade unions, level of literacy, Government¶s commitment to development and social welfare. To meet the above named objectives, the government of the Islamic Republic of Pakistan has introduced a number of labour policies, since its independence to mirror the shifts in governance from martial law to democratic governance. Under the Constitution labour is regarded as a µconcurrent subject¶, which means that it is the responsibility of both the Federal and Provincial Governments. However, for the sake of uniformity, laws are enacted by the Federal Government, stipulating that Provincial Governments may make rules and regulations of their own according to the conditions prevailing in or for the specific requirements of the Provinces. The total labour force of Pakistan is comprised of approximately 37.15 million people, with 47% within the agriculture sector, 10.50% in the manufacturing & mining sector and remaining 42.50% in various other professions.

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Contract of Employment
While Article 18 of the Constitution affords every citizen with the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business, the Industrial and Commercial Employment (Standing Orders) Ordinance was enacted in 1968 to address the relationship between employer and employee and the contract of employment. The Ordinance applies to all industrial and commercial establishments throughout the country employing 20 or more workers and provides for security of employment. In the case of workers in other establishments, domestic servants, farm workers or casual labour engaged by contractors, their labour contracts are generally unwritten and can be enforced through the courts on the basis of oral evidence or past practice. Every employer in an industrial or commercial establishment is required to issue a formal appointment letter at the time of employment of each worker. The obligatory contents of each labour contract, if written, are confined to the main terms and conditions of employment, namely nature and tenure of appointment, pay allowances and other fringe benefits admissible, terms and conditions of appointment.

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Termination of the Contract
The services of a permanent worker cannot be terminated for any reason other than misconduct unless one month¶s notice or wages in lieu thereof has been furnished by the employer or by the worker if he or she so chooses to leave his or her service. One month¶s wages are calculated on the basis of the average wage earned during the last three months of service. Other categories of workers are not entitled to notice or pay in lieu of notice.

All terminations of service in any form must be documented in writing stating the reasons for such an act. If a worker is aggrieved by an order of termination he or she may proceed under Section 46 of the Industrial Relations Ordinance 2002, aimed at regulating the labourmanagement relations in the country, and bring his or her grievance to the attention of his or her employer, in writing, either him or herself, through the shop steward or through his or her trade union within three months of the occurrence of the cause of action. Forms of termination have been described as removed, retrenched, discharged or dismissed from service. To safeguard against any colorful exercise of power, victimization or unfair labour practices, the Labour Courts have been given powers to examine and intervene to find out whether there has been a violation of the principles of natural justice and whether any action by the employer was bonafide or unjust.

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Working Time and Rest Time
Working hours
Under the Factories Act, 1934 no adult employee, defined as a worker who has completed his or her 18th year of age, can be required or permitted to work in any establishment in excess of nine hours a day and 48 hours a week. Similarly, no young person, under the age of 18, can be required or permitted to work in excess of seven hours a day and 42 hours a week. The Factories Act, which governs the conditions of work of industrial labour, applies to factories, employing ten or more workers. The Provincial Governments are further empowered to extend the provisions of the Act, to even five workers. Where the factory is a seasonal one, an adult worker shall work no more than fifty hours in any week and no more than ten hours in any day. A seasonal factory, per section 4 of the Factories Act is that which is exclusively engaged in one or more of the following manufacturing processes, namely, cotton ginning, cotton or cotton jute pressing, the manufacture of coffee, indigo, rubber, sugar or tea. However, if such adult worker in a factory is engaged in work, which for technical reasons must be continuous throughout the day, the adult worker may work no more than fifty-six hours in any week. Section 8 of the West Pakistan Shops and Establishments Ordinance, 1969 likewise, restricts weekly work hours at 48 hours. The Shops and Establishments Ordinance regulates persons employed in shops and commercial establishments, who are neither covered by the Factories Act nor by the Mines Act. The Ordinance is exclusive in the whole of Pakistan except for the Federally Administered Tribal Areas. Section 22B of the Mines Act, 1923 also fixes weekly hours of work for workers at 48 hours or 8 hours each day, with the limitation of spread-over 12 hours and interval for rest for one hour every six hours. Section 22-C further limits the spread-over to 8 hours for work done below ground level. In factories, the periods and hours of work for all classes of workers in each shift must be notified and posted in a prominent place in the principal language in the industrial or commercial establishment. The law further provides that no worker shall be required to work continuously for more than six hours, unless he or she has had an interval for rest or meals of at least one hour. During Ramadan (fasting month), special reduced working hours are observed in manufacturing, commercial and service organizations.

Paid Leave
As provided in the Factories Act, 1934, every worker who has completed a period of twelve months continuous service in a factory shall be allowed, during the subsequent period of twelve months, holidays for a period of fourteen consecutive days. If a worker fails in any one such period of twelve months to take the whole of the holidays allowed to him or her, any holidays not taken by him or her shall be added to the holidays allotted to him or her in the succeeding period of twelve months. A worker shall be deemed to have completed a period of twelve months continuous service in a factory notwithstanding any interruption in service during those twelve months brought about by sickness, accident or authorized leave not exceeding ninety days in the aggregate for all three, or by a lock-out, or by a strike which is not an illegal strike, or by intermittent periods of involuntary unemployment not exceeding thirty days in the aggregate; and authorized leave shall be deemed not to include any weekly holiday allowed under section 35 which occurs at beginning or end of an interruption brought about by the leave.

Maternity Leave and Maternity Protection
While article 37 of the Constitution makes reference to maternity benefits for women in employment, there are two central enactments, one federal and the other provincial providing maternity benefits to women employed in certain occupations. The Maternity Benefit Ordinance, 1958 stipulates that upon the completion of four months employment or qualifying period, a worker may have up to six weeks prenatal and postnatal leave during which she is paid a salary drawn on the basis of her last pay. The Ordinance is applicable to all industrial and commercial establishments employing women excluding the tribal areas. It also places restrictions on the dismissal of the woman during her maternity leave. Similarly, the Mines Maternity Benefit Act, 1941 is applicable to women employed in the mines in Pakistan.

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Other Leave Entitlements
In addition to the 14 days of annual leave with pay, the Factories Act, 1934 provides that every worker is entitled to 10 days casual leave with full pay and further 16 days sick or medical leave on half pay. Casual leave is granted upon contingent situations such as sudden illness or any other urgent purpose. It should be obtained on prior application unless the urgency prevents the making of such application. As a customary practice, causal leave is approved in most cases. Sick leave, on the other hand, may be availed of on support of a medical certificate. Management should not refuse the leave asked for if it is supported by a medical certificate. In addition to the leave entitlements, workers enjoy festival holidays as declared by the Federal Government. The Provincial Government under section 49 of the Factories Act, 1934, states all festival holidays, approximately 13 or as further declared, in the Official Gazette. Additionally, every worker is entitled to enjoy all such holidays with pay on all days declared and notified by the Provincial Government. If however, a worker is required to work on any festival holiday, one day's additional compensatory holiday with full pay and a substitute holiday shall be awarded. Under agreements made with the Collective Bargaining Agent, employees who proceed on pilgrimage i.e., Hajj, Umra, Ziarat, are granted special leave up to 60 days.

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Minimum Age and Protection of Young Workers
Article 11(3) of Pakistan¶s Constitution expressly prohibits the employment of children below the age of fourteen years in any factory, mine or other hazardous employment. In addition, the Constitution makes it a Principle of Policy of the State of Pakistan to protect the child, to remove illiteracy and provide free and compulsory education within the minimum possible period and to make provision for securing just and human conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex. The Factories Act, 1934 allows for the employment of children between the ages of 14 and 18 years provided that each adolescent obtains a certificate of fitness from a certifying surgeon. A certifying surgeon, per section 52 of the Act, shall on the application of any child or adolescent who wishes to work in a factory, or, of the parent or guardian of such person, or of the factory in which such person wishes to work, examine such person and ascertain his or her fitness for such work. The Act further restricts the employment of a child in a factory to five hours in a day. The hours of work of a child should thus be arranged in such a way that they are not spread over more than seven-and-a-half hours in any day. In addition, no child or adolescent is allowed to work in a factory between 7 p.m. and 6 a.m. The Provincial Government may, by notification in the Official Gazette in respect of any class or classes of factories and for the whole year or any part of it, vary these limits to any span of thirteen hours between 5 a.m. and 7.30 p.m. Moreover, no child is permitted to work in any factory on any day on in which he or she has already been working in another factory. Factories are further required to display and correctly maintain in every factory a Notice of Periods for Work for Children, indicating clearly the periods within which children may be required to work. The manager of every factory in which children are employed is compelled to maintain a Register of Child Workers identifying the name and age of each child worker in the factory, the nature of his or her work, the group, if any, in which he or she is included, where his or her group works on shifts, the relay to which he or she is allotted, the number of his or her certificate of fitness granted under section 52, and any such other particulars as may be prescribed. The provisions of the Factories Act, 1934 are cited in addition to, and not in derogation of the provisions of the Employment of Children Rules, 1995. The Employment of Children Rules extends to the whole of Pakistan with the exception of the State of Azad Jammu and Kashmir and delimits finite labour conditions afforded for the protection of minors. Rule 6 insists on cleanliness in the place of work. No rubbish, filth or debris shall be allowed to accumulate or to remain in any part of the establishment and proper arrangements shall be made for maintaining in a reasonable clean and drained condition for the workers of the establishment. Rule 7 further calls for proper ventilation in work places where injurious, poisonous or asphyxiating gases, dust or other impurities are evolved from any process carried on, in such establishment. As long as workers are present in an establishment, the latrines, passages, stairs, hoists, ground and all other parts of the establishment in so far as the entrance of the said places is not closed, must be lighted in such manner that safety is fully secured. In addition, in every establishment an arrangement of drinking water for child and adolescent workers is to be provided free of charge. All shafts, couplings, collars, clutches, toothend wheels, pulleys, driving straps, chains projecting set screws, keys, nuts and belts on revolving parts, employed in the establishment, shall be securely fenced if in motion and within reach of a child worker and further may not be operated by a child worker. Under the Employment of Children Rules, anyone who employs a child or permits a child to work in contravention of the Constitution is punishable by imprisonment for a term extending up to one year or may be fined up to Rs. 20,000 or subject to both. Repetition of the offense is punishable by imprisonment for a term extending up to two years and shall not be less than six months.

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Equality

Article 38 of the Constitution imparts the State¶s obligations aimed at achieving equality in the form of securing the well-being of the people, irrespective of sex, caste, creed or race, by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants. All citizens are bestowed, within the available resources of the country, facilities for work and adequate livelihood with reasonable rest and leisure and the basic necessities of life, such as food, clothing, housing, education and medical relief, for all such citizens, irrespective again of their sex, caste, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment.

Pay Issues
Wages are construed as the total remuneration payable to an employed person on the fulfillment of his or her contract of employment. It includes bonuses and any sum payable for want of a proper notice of discharge, but excludes the value of accommodations i.e., supply of light, water, medical attendance or other amenities excluded by the Provincial Government; the employer¶s contribution to a pension or provident fund, traveling allowance or concession or other special expenses entailed by the nature of his or her employment; and any gratuity payable on discharge. The Payment of Wages Act, 1936, regulates the payment of wages to certain classes of industrial workers. It applies to those workers whose monthly wages do not exceed Rs. 3,000 (51.68 US$) and are employed in factories, railways, plantations, workshops and establishments of contractors. The main object is to regulate the payment of wages to certain classes of persons employed in industry. The provisions of the Act can, however, be extended to other classes of workers by the Provincial Governments after giving three months notice to the employers of their intention to do so. The Act stipulates that wages to workers employed in factories and on railways are to be paid within seven days of completion of the wages period, if the number of workers employed therein is less than 1,000. In other cases, the time limit for payment of wages to the workers is 10 days. No deduction can be made from the wages of the workers excepts as specified in the Act, such as for fines, breach of contract and the cost of damage or loss incurred to the factory in any way other than an accident. The employer is responsible for the payment of all wages required to be paid to persons employed by him or her. Similarly any contractor employing persons in an industry is responsible for payment of wages to the persons he or she employs. The persons responsible for payment of wages must fix wage periods not exceeding one month. Wages should be paid on a working day within seven days of the end of the wage period, or within ten days if 1,000 or more persons are employed. The wages of a person discharged should be paid not later than the second working day after his or her discharge.

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Workers' Representation in the Enterprise
Until the adoption, on 29 October 2002, of the Industrial Relations Ordinance, 2002 (IRO 2002), which repealed the Industrial Relations Ordinance, 1969, Pakistan had a three-pronged system of participation in management (i.e., the Works Council, the Management Committee and the Joint Management Board), independent of each other and each having its own sphere of activities. The new text simplifies the system, introducing a single body in place of the three previous ones: the Joint Works Council (Article 24 of the IRO 2002). A Joint Works Council must be set up in any establishment employing fifty persons or more. It consists of no more than ten members, forty per cent of which are workers¶ representatives. In the previous system, the Management Committee and the Works Council were composed of an equal number of representatives of the employer and workers, whereas the Joint Management Board had a workers¶ participation of 30 per cent. The Convener of the Joint Works Council is from the management. The Joint Works Council deals with matters, which were of the competency of the earlier Joint Management Board, such as the improvement in production, productivity and efficiency, provision of minimum facilities for those of the workers employed through contractors who are not covered by the laws relating to welfare of workers. It has also taken up tasks of the previous Works Council, i.e. promoting settlement of differences through bilateral negotiations, promoting conditions of safety and health for the workers, encouraging vocational training within the establishment, taking measures for facilitating good and harmonious working conditions in the establishment, provision of educational facilities for children of workers.

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Trade Union and Employers Association Regulation
Freedom of association
The right to association is guaranteed by Article 17 of the Pakistani Constitution imparting on every citizen the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality. Under Article 3 of the IRO 2002, workers as well as employers in any establishment or industry have the right to establish and to join associations of their own choosing, subject to respect of the law. Both workers' and employers' organizations have the right to establish and join federations and confederations and any such organization, federation or confederation shall have the right to affiliate with international organizations and confederations of workers' and employers' organizations.

Registration of trade unions
Registration of a trade union is to be made under the Industrial Relations Ordinance. Workers¶ trade unions are registered with the Registrar Trade Unions in the Province, and if the industry or establishment is nationwide with the National Industrial Relations Commission, after fulfilling a number of requirements, listed in Article 6 of the IRO 2002. Through its registration, the trade union obtains certain benefits: registration confers a legal existence as an entity separate from its members. Trade unions in Pakistan generally function on plant-wide basis, with their membership contingent on the size of the industry/trade to which they belong. Once established, the trade unions and employers' associations have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes.

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Collective Bargaining and Agreements
To determine the representative character of the trade union in industrial disputes and to obtain representation on committees, boards and commissions, the Industrial Relations Ordinance makes provision for the appointment of a Collective Bargaining Agent (CBA). The CBA is a registered trade union elected by secret ballot. The CBA is entitled to undertake collective bargaining with the employer or employers on matters connected with employment, non-employment, the terms of employment or any right guaranteed or secured to it or any worker by or under any law, or any award or settlement. Collective agreements are thus formulated by the CBA. The agreements may contain matters such as the facilities in the establishment for trade union activities and procedures for settling collective disputes including grievances and disciplinary procedures. Substantive provisions settle terms and conditions of employment, wages and salaries, hours of work, holiday entitlement and pay, level of performance, job grading, lay-offs, retrenchment, sick pay, pension and retirement schemes. Such agreements once duly executed by both parties become the source of law. The agreements should invariably be in writing and should be drafted with care, for they are meant to settle disputes rather than raise them. In addition to statutory benefits under the labour laws, the adjustment of rights takes place through collective bargaining including adjudication in Labour Courts. The IRO 2002 has changed the appellate procedure on the provincial level, which used to be brought before a Labour Appellate Tribunal. This institution was abolished by the IRO 2002. Appeals of Labour Court decisions now lie directly with provincial High Courts. Office bearers of trade unions are given protection against arbitrary transfer, discharge and dismissal. Any ill-intentioned action on the part of the employer against an office-bearer of a trade union or against a worker for trade union activities, is construed as an unfair practice and the National Industrial Relations Commission is entrusted with the task of preventing such offenses. Security of service is ensured to the workers. Similarly, unfair labour practices on the part of workers and trade unions is elaborated and incorporated in law.

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Collective Labour Disputes
Commencement of a dispute
Under the IRO 2002, if an employer or a Collective Bargaining Agent finds that an industrial dispute has arisen or is likely to arise, they may communicate their views in writing to the other party. Upon receipt of the communication, the other party has fifteen days (or more if agreed) to try and settle the dispute by bilateral negotiations.

Conciliation
If the parties do not manage to reach a settlement, the employer or the CBA may, within fifteen further days, serve a notice of conciliation on the other party, with a copy to the Conciliator and to the Labour Court. If the dispute is settled before the Conciliator, or a tripartite Board of Conciliators, a report is sent to the Provincial or Federal Government, with the memorandum of settlement.

Arbitration
If the conciliation fails, the Conciliator tries to persuade the parties to refer their dispute to an arbitrator. If they agree, the parties make a join request in writing to the arbitrator they have agreed upon. The arbitrator gives his or her award within a period of 30 days or a period agreed upon by the parties. The award of the arbitrator is final and valid for a period not exceeding two years.

A copy of the award is sent to the provincial or Federal Government, for publication in the official Gazette.

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Strikes and Lock-outs
Proceedings of strikes and lock-outs
If dispute settlement proceedings before the Conciliator fail and no settlement is reached, and if the parties have not agreed to refer their dispute to an arbitrator, the workers retain the right under section 31 of the Industrial Relations Ordinance 2002, to go on strike providing due notice to their employer within seven days, and the employer has the right declare a lock-out after the delay of notice of conciliation has expired. The party raising a dispute retains the option, at any time, either before or after the commencement of a strike or lockout, to make an application to the Labour Court for adjudication of the dispute. Where a strike or lock-out lasts for more than fifteen days, if it relates to a dispute which the Commission is competent to adjudicate and determine, the Federal and/or the Provincial Government may, by order in writing, prohibit the strike or lock-out at any time before the expiry of thirty days, provided that the continuance of such a strike or lock-out causes serious hardship to the community or is prejudicial to the national interest. In such case the Federal Government or the Provincial Government shall forthwith refer the dispute to the Commission or the Labour Court. After hearing both parties, the Commission, or the Labour Court shall make such award as it deems fit, as expeditiously as possible but not exceeding thirty days from the date on which the dispute was referred to it. Under section 32 of the IRO 2002, if a strike or lockout occurs within the public utility services sector the Federal Government and the Provincial Government may, by order in writing, also prohibit its occurrence at any time before or after the commencement of the strike or lockout. No party to an industrial dispute may go on strike or declare a lockout during the course of conciliation or arbitration proceedings, or while proceedings are pending before the Labour Court. In addition, the National Industrial Relations Commission (the Commission), adjudicates and determines industrial disputes to which an industry-wise trade union or federation of such trade unions is a party , as well as disputes which are of national importance. The Commission also deals with cases of unfair labour practices.

Illegal strikes and lock-outs
A strike or lockout is declared illegal if it is commenced without giving notice of conciliation to the other party of the dispute, or if it is commenced or continued in a manner other than that provided by the IRO 2002 or in contravention with this text. In case of an illegal strike or lockout, an Officer from the Labour Department may make a report to the Labour Court, and require the employer or CBA or the registered trade union concerned, to appear before the Court. The Court may, within 10 days, order the strike or lockout to be stopped. In case of contravention of the order of the Court by the employer, and if the Court is satisfied that the pursuance of the lock-out is causing serious hardship to the community or is prejudicial to the national interest, it may order the attachment of the factory and the appointment of an official receiver, who will exercise the powers of management and may do all such acts as are necessary for conducting business. In case of contravention of the order of the Court by the workers, the Labour Court may pass orders of dismissal against the striking workers, or cancel the registration of the trade union that committed such contravention.

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Settlement of Individual Labour Disputes
Pursuant to Article 46 of the IRO 2002, a worker may bring his or her grievance in respect of any right guaranteed or secured by or under any law or any award or settlement to the notice of the employer in writing, either him or herself or through the shop steward or Collective Bargaining Agent, within one month of the day on which cause of such grievance arises. The IRO 2002 reduces the delay from three months to one month. Where a worker brings his or her grievance to the notice of the employer, the employer must within fifteen days of the grievance, communicate his or her decision in writing to the worker. If the employer fails to communicate a decision within the specified period or if the worker is dissatisfied with such decision, the worker or shop steward may take the matter to the Labour Court within a period of two months.

Labour Courts
Section 33 of the Industrial Relations Ordinance, 2002 permits any CBA or any employer to apply to the Labour Court for the enforcement of any right guaranteed or secured by law or any award or settlement. The Provincial Government derives its authority to establish as many Labour Courts as it considers necessary under section 44 of the Ordinance. Each Labour Court is subject to jurisdictional limitations derived by its geographical parameters or with respect to the industry or the classes of cases allocated. Each Labour Court consists of one Presiding Officer appointed by the Provincial Government. The Labour Court adjudicates industrial disputes which have been referred to or brought before it; inquires into or adjudicates any matter relating to the implementation or violation of a settlement which is referred to it by the Provincial Government; tries offenses under the Industrial Relations Ordinance; and exercises and performs such other powers and functions conferred upon or assigned to it. While deliberating offenses, the Labour Court follows as nearly as possible procedure as prescribed under the Code of Criminal Procedure, 1898. For purposes of adjudicating and determining any industrial disputes, the Labour Court is deemed to be a Civil Court and retains the same powers as are vested in such Court under the Code of Civil Procedure, 1908 (Act V of 1908) including the enforcement of attendance and examination under oath, the production of documents and material objects, and the issuance of commissions for the examination of witnesses or documents. An award or decision of a Labour Court is produced in writing and delivered in open Court with two copies subsequently forwarded to the Provincial Government. Upon receipt, the Provincial Government within a period of one month publishes the award or decision in the Official Gazette. The IRO 2002 abolished the Labour Appellate Tribunal. Any party aggrieved by an award or a decision given or a sentence passed by the Labour Court may now submit an appeal to the High Court (Article 48 of the IRO 2002). The High Court, may vary or modify an award or decision or decision sanctioned by the Labour Court. It may, on its own motion at any time, call for the record of any case or proceedings in which a Labour Court within its jurisdiction has passed an order, for the purpose of satisfying itself as to the correctness, legality, or propriety of such order, and may pass such order, in relation thereto as it thinks fit, provided that the order does not adversely affect any person without giving such person a reasonable opportunity of being heard.

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Official Gazette
The Federal Laws of Pakistan are published by the Government in a document called the Gazette of Pakistan. The Ministry of Justice, Law and Parliamentary Affairs in addition publishes individual Acts through the Official Gazette.

http://www.ilo.org/public/english/dialogue/ifp dial/info/national/pak.htm

International and National Laws Related to Child Labour
UN Convention on the Rights of the Child (CRC) ILO's Minimum Age Convention 138 National Laws Pertaining to Child Labour UN Convention on the Rights of the Child (CRC) This Convention was adopted by the UN General Assembly on November 20, 1989. The scope of this convention extends to persons up to the age of 18. Pakistan has ratified this Convention in 1990. Article 32 of CRC reads "State Parties recognise the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development". ILO's Minimum Age Convention 138 This Convention was adopted by ILO in 1973. It states that minimum age for employment may not be set lower than the age of completion of compulsory schooling and, in any event not less that 15 years (initially 14 years in the case of developing countries). Although spirit of this Convention is reflected in several Pakistani laws, it has yet to be formally ratified by the Government of Pakistan. Laws in the United States of America Against Child Labour in Other Countries The law makers in the United States of America have been legislating for many years to introduce bills that prohibit the import into their country of the products made by child labour. In 1997, the US Congress passed "the Bonded Child Labour Elimination Act" introduced by Rep. Bernard Sanders. The law amends Section 307 of the US Tariff Act of 1930 (19 USC 1307). After its passage, imports of articles produced or manufactured with bonded child labour , who are under the age of 15, are prohibited. The amended Section 307 of the Tariff Act now reads as follows. All goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions or/ and bonded child labor shall not be entitled to entry at any of the ports of the United States, and the importation thereof is hereby prohibited, and the secretary of the Treasury is authorized and directed to prescribe such regulations as may be necessary for the enforcement of this provision. The provisions of this section relating to goods. Wares, articles and merchandise mined, produced, or manufactured by forced labor or/ and intenturedlabour , shall take effect on January 1,1932. The president may waive the application of this section with respect to particular goods, wares, articles, or merchandise, if the president determines land certifies in writing to the Congress that it is in the national economic interest of the United States to allow the entry into the United States of such goods, wares, articles, or merchandise In 1996 Senator Tom Harkin introduced the "Child Labour Free Consumer Information Act" in the Congress. The purpose of this Bill is to inform the consumers in the United States about a voluntary labeling system concerning wearing apparel or sports goods made without abusive and exploitative child labour. The Bill calls on the manufacturers to voluntarily label their products with "no child labour" guarantee to give the consumers an educated choice when they make their purchases.

Another legislation called the Harkin Bill was introduced by Senator Tom Harkin in 1992. The Bill has not yet been passed, but is introduced every year in the US Congress. It is also known as "The Child Labour Deterrence Act". The purpose of the bill as defined by its mover, is to eliminate the role of the Unite4d States in providing a market for foreign products made by children under the age of 15; supporting activities and programmes to extend primary education, rehabilitation and alternative skills training to underage child workers and to improve birth registration. The above mentioned laws become especially relevant for exports from Pakistan viz; made up textiles, carpets, soccer balls, surgical instruments etc. Efforts are being made in Pakistan to ensure that our exports meet the child labour standards. This is especially true for Punjab from where most of exports orginate. National Laws Pertaining to Child Labour The Constitution of Islamic Republic of Pakistan states: "No child below the age of fourteen, shall be engaged in any factory or mine or in any other hazardous employment." Also, "All forms of forced labour and traffic in human beings is prohibited." A number of laws contain provisions prohibiting child labour or regulating the working conditions of child and adolescent workers. The most important laws are: The The The The The Factories Act 1934. West Pakistan Shops and Establishments Ordinance 1969. Employment of Children Act 1991. Bonded Labour System Abolition Act 1992. Punjab Compulsory Education Act 1994

http://www.labourunity.org/childlabourlaws. htm

TED Case Studies
NIKE: Nike Shoes and Child Labor in Pakistan

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IDENTIFICATION LEGAL CLUSTERS GEOGRAPHIC CLUSTERS TRADE CLUSTERS ENVIRONMENT CLUSTERS OTHER FACTORS

I. Identification
1. The Issue Nike has been accused of using child labor in the production of its soccer balls in Pakistan. This case
study will examine the claims and describe the industry and its impact on laborers and their working conditions. While Pakistan has laws against child labor and slavery, the government has taken very little action to combat it. Only a boycott by the United States and other nations will have any impact on slavery and child-based industries. Futhermore the U.S constitution states that child labor is an illegal and inhumane practice and any U.S. company found guilty practicing and encouraging it will be prosecuted.GATT and WTO prohibits member nations, like the United States, from discriminating against the importation of goods made by children. Are dolphins becoming more important than children? A question making WTO to reconsider the children's appeal of the third world.

2. Description Brief about the tradition of child labor in Pakistan
Pakistan has a per-capita income of $1,900 per year meaning that a typical person survives barely on $5 per day. And that's nonot all, Pakistan has a traditional culture where earning of one person goes on feeding 10 mouths; and with the high rate of inflation it becomes

difficult for a low income population to survive. Child labor is spread all over Pakistan but has the greatest impact in the north-west of punjab province, that is Sialkot. Pakistan has a population of approximately 1 million and is an important centre for the production of goods for export to international markets, particularly sporting goods. In 1994, exports from Sialkot brought income of almost US$ 385 million into the Pakistan economy. Sialkot is thus one of the world¶s most important centres for production of sporting goods. Child labor exists in Sialkot both in the export sector and the domestic sector. This fact has been well documented and reported by the international media for several years but nothing has been done about it. In Pakistan it is clearly documented that child labor is against the law, but the government carries lack of willingness to do anything about it. Provision for education is very limited, due to the fact that very low priority is given to education in the national budgets. Education receives around 3% of the total gross domestic product when compared to over ten times of this amount spent on military. Gender and other forms of discrmination plus adding to the lack of political will, gives the clear picture of the existence of child labor in Pakistan.

Nike as a helper or exploiter to IIIrd World
Recently if you go to a shop to buy your child a new soccer ball. There is a good possibility that the ball has been made by someone your child's age or even younger. About half of the world's soccer ball are made in Pakistan, and each one of them passes through a process of production where child labor is involved. This problem not only pertains to Pakistan but is worldwide. More than 200 children, some as young as 4 and 5 years of age, are involved in the production line.Majority of these children work in Asia, e.g in the nations of India, Pakistan, Bangladesh and Indonesia. Nike is characterized of making its equipments in countries which are in the developing phase, having very cheap labor, authoritarian government and lack of human rights appeal and union movement. In doing this it has made greater margins on the cost of mere cents to its workers. So Nike success story is not based on good name and advertising alone but also attached to it is the tears of tortured workers and child labor. A columnist 'Stephen Chapman' from Libertarian newspaper argues that "But why is it unconscionable for a poor country to allow child labor? Pakistan has a per-capita income of $1,900 per year - meaning that the typical person subsists on barely $5 per day. Is it aa revelation - or a crime - that some parents willingly send their children off to work in a factory to survive? Is it cruel for Nike to give them the chance?" (source: http://www.raincity.com/~williamf/words96.html) Stephen argues that the best way to end child-labor is to buy more of the products that children produce. This would increase their demand, and as they will produce more, they will earn more, hence giving themselves chane to rise above poverty level and thus also benefiting the families of the children and as well as the nation. However, the issue is not that simple. Increasing the demand of the products produced by child labor means encouraging more child labor, encouraging more birth rates, more slavery,

increasing sweatshops and discouraging education - as parents of the children working in factories would want them to work more and earn more. If this happened to be the case, then more and more children will be bought and sold on the black market, leading no end to this problem. By encouraging more child labor, you are not only taking away those innocent years from them but also the right to be educated and the right to be free.

Nike - a good chess player
As a good chess player Nike always thinks ahead of its movement. It does not launch its production directly in to the developing country, such as Pakistan, but instead it subcontracts it to them by selecting a local firm. When doing this, the local firm, in this case SAGA sports, has to abide by the Nike's international rules and regulations when producing its goods. And it is the duty of the international firm (NIKE) to monitor its subcontracted production units and hold it to tight scrutuny. But this is not what really happens. Both Nike and the local production company aims to minimize cost and earn the highest amounts of profit thus involving themselves in illegal practices, such as child labor, a practice which is not so highlighted by the government of the host developing country. So what happens when you question Nike about its labor practices? An answer comes that it is not they who are involved in this illegal labor practices but it is the local subcontracter who is doing so. This is wrong to say as Nike and SAGA sports both benefits with access to cheap child labor in Pakistan. And if Nike cannot control its subcontracted plants, it means they have not implemented their rules and regulations effectively and is not abiding by the international standards which they have set for themselves. Nike's entrance in to the Pakistani markets was the part of its long term strategic planning. It is false to explain that Nike didn't knew that child labor is an ages-old practice in Pakistan. Nike went into Pakistan, having full knowledge of the favorable conditions prevailing in terms of child labor and has taken no precautions whatsoever to prevent the use of child labor in the production of its soccer balls. Instead Nike has made a profit from its Pakistani contractors who inturn has used bonded child labor in the production process. Critically analyzing the situation, "Why Nike always land up in places having cheap or bonded labors or in places where it can easily get away with illegal labor practices?" Examples incude: Vietnam, China, Indonesia, Pakistan, Bangladesh and India. Nike simply bases its operations on finding the lowest-cost labor to make its products.Twelve-year-old girls work in Indonesian sweatshops 70 hours a week making Nike shoes in unhealthy plants. According to a Foulball campaign report, Nike has refused twice to have a check in their Saga-managed center in Pakistan while on the other hand Nike's rival Reebok readily granted access to its Moltex-managed center in Pakistan. Nike has the habit of hiding behind its good public image and its effective means of promotions and advertising. Nike attempts to create a good public image by offering charity, donating equipments and never passing an opportunity to remind the public that it has set up stitching centers in places such as Sialkot, Pakistan.

How it all started - Consumer awareness 1996

When the June, 1996 issue of Life magazine carried an article about child labor in Pakistan, Nike knew that it was in trouble. The article's lead photograph showed 12-year-old Tariq surrounded by the pieces of a Nike soccer ball which he would spend most of a day stitching together for the grand sum of 60 cents. In a matter of weeks, activists all across Canada and the United States were standing in front of Nike outlets, holding up Tariq's photo. And yet, Nike has not done an especially good job of scrutinizing the subcontractors with which it's working. Nor has it been open about its labor practices in the way public companies should be expected to be. Cameramen have been pushed out of factory floors. Supervisors at a plant in Vietnam apparently beat workers being paid 20 cents an hour and refused to allow them to leave their work posts. Indonesian labor organizers has been put behind bars. And, most troubling, nearly all the soccer balls made in Pakistan have been revealed to be made by young children getting paid just cents a day. Nike chairman Phil Knight also acknowledged that a shipment of soccer balls Nike purchased in Pakistan in the year 1996 was made by a subcontractor using child labor in "horrible conditions." Although 1996 was the first year in which real public attention was focused on Nike's labor practices abroad, it's important to recognize that manufacturing shoes in low-wage countries was, from the start, a crucial part of Phil Knight's plan for his company. In other words, American jobs have not been shipped abroad. On the contrary, Nike has never made shoes in the United States. Its first factories, built in the 1960s, were in Japan, when that country was still a part of the Third World. And since thirty years Nike have migrating from nation to nation, arriving as countries install the necessary mechanisms for orderly business operations and leaving as living standards become too high to make manufacturing profitable.

Nike "notJust do it but Do it right."
This is the first time that Nike has had to face real questions about its labor practices abroad, the first time that it has felt a public-relations impact. At this point, that impact does not seem at all devastating. While in the short run Americans are generally horrified by the issue of child labor and has expressed concern over the working conditions in foreign factories, Nike should take immediate actions in order to provide remedy to all the activism it faces, otherwise it can prove devastating for the company's image in the long run. The basic truth about Nike is that its only real strength is its good name. Nike rules because of all the good things people associate with the company: sharp ads, Michael Jordan, Tiger Woods, little Penny, and Michael Jordan again. If "beaten workers" and "child labor" get added to that list, then Nike's greatest asset will be lost. Now the burden is on the company both to do a better job of implementing company-wide global standards of conduct and also to improve its openness to the media. The more you hide, after all, the more people think you have something to hide. Every hand that goes up, hurts Nike in the public eye. And when you're a consumer company, that's the only eye that matters.

Consumers -- "Just don't do it."

When a person states that he/she is working for Nike, it gives a very good status symbol. But what if the person is a 9 - year old child? What image will it give you as a consumer when you buy ththose products or brands that employ child labor? Consumers should take an immediate action in order to eradicate child labor practices discharged by these multinational U.S corporations. This can only be done by not buying their products which are produced in the third world and which have suspicion of a child being involved in the process. Child labor is a human rights issue. What is more of a human right than growing up as a free person, attending school without being held in bondage?

3. Related Cases
Nike labor practices in Vietnam Nike in Indonesia Nike labor practices in China

http://www1.american.edu/TED/nike.htm

Pakistan
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.8The 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, nongovernmental 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. MazamMahmood, Muhammad Javaid Khan Tariq, and AjmalBaig, 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

EhsanUllahKhan, 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. UNICEF Punjab Report at iv.

13

14

Country Reports at 1386. See alsoInternational 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. Id. at 13. Id. at 13. Id. at 14. Id. at 15-16. Id. at iv. Id. at 2. See also Discover the Working Child at 19. Discover the Working Child at 19. Discover the Working Child at 19. Testimony of Human Rights Watch/Asia. Id. Search of Piers Imports database (Journal of Commerce, 1994) June 1994.

18

19

20

21

22

23

24

25

26

27

28

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. Kemal at 39.

36

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. Country Reports at 1386. Testimony of Noman.

43

44

45

"The Path to Freedom - BLLF Pakistan," inChild 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. Country Reports at 1382.

47

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. PCMEA Study at 4.

52

http://www.dol.gov/ilab/media/reports/iclp/sweat/pakistan.htm

Worst Forms of Child Labour Data
Region Asia and the Pacific 1,52,331,000

Pakistan

Population

Population under 73,691,000 18

Total Child Labour

NATIONAL STATISTICS * There are an estimated 10 million child labourers. (SPARC, The State of Child Labour in
South Asia, December 1999, citing Government of Pakistan/UNICEF, Discover the Working Child)

* For the year 2000, the ILO projects that there will be 2,993,000 economically active children, 1,158,000 girls and 1,835,000 boys between the ages of 10-14, representing 15.39% of this age group. (ILO, International Labour
Office - Bureau of Statistics, Economically Active Population 1950-2010, STAT Working Paper, ILO 1997)

* 2,065,000 children between 10-14 years and 4,319,000 between 15-19 years are economically active. (ILO, Yearbook of Labour Statistics, 1999) * There are estimated to be 15 million child labourers in Pakistan. In areas such as Tharparkar, 60% to 70% of all children of 15-17 years work. 20% to 25% is normal in the cities. (Human Rights Commission of Pakistan, The State of Human Rights in
Pakistan in 1999, Lahore)

* The Child Labour Survey in 1996 conducted by the Federal Bureau of Statistics for the Ministry of Labour, Manpower and Overseas Pakistanis, found 8.3% or 3.3 million of the 40 million children aged 5-14 years to be economically active practically on a full-time basis. These figures are considered to be under-estimated. (ILO-IPEC, Programme in Pakistan, 1998) * 3,215,344 children are economically active, of which 2,374,830 are males, 840,514 are females. (ILO-IPEC, Combating Trafficking in Children for Labour Exploitation in the Mekong
Sub-region, October 1998, citing Pakistan Federal Bureau of Statistics, Child Labour Survey, 1996)

* Of the total child population, 8.06% are economically active, of these 11.53% are boys and 4.36% are girls. (ILO-IPEC, Combating Trafficking in Children for Labour
Exploitation in the Mekong Sub-region, October 1998)

* Of the 3.3 million working children, 73% are boys and 27% are girls. (ILOIPEC, Programme in Pakistan, 1998)

* 18% of 10-14 year olds are found working. (ILO-IPEC, Child Labour: ILO in Asia and
Pacific, 1997)

* Over 3,000 children enter the labour market each month. ("Pakistan: The
Predicament of Tens of Thousands of Bonded Labourers", UN Working Group on Contemporary Forms of Slavery, June 1996)

* 11-12 million child labour were estimated in 1995, with at least half under the age of 10 years. (Mir Zulfiqar Ali, "Asian Economic Crisis: The Case of Pakistan", Child Workers in
Asia, citing Pakistan Human Rights Commission estimates)

* In 1995, there were 2,835,000 economically active children, 1,030,000 girls and 1,805,000 boys between the ages of 10-14, representing 17.67% of this age group. (ILO, International Labour Office - Bureau of Statistics, Economically Active Population 1950-

2010, STAT Working Paper, ILO 1997)

* There are an estimated 6 million working children. (ICFTU and ETUC, Pakistan:
Forced Labour, June 1995)

* One third of the work force is comprised of children. (ICFTU and ETUC, Pakistan:
Forced Labour, June 1995, citing CBS news segment "Eye to Eye with Comy Chung", 1995)

* There are 19 million working children, 7 million below the age of 10 and 12 million between the ages of 10-14. (US Dept of Labor, Sweat and Toil of Children, 1994, citing Pakistan Institute of Development Economics, "Why children do not go to school in Pakistan", 2-5 April 1994)
* The number of child workers under 15 years are estimated to be not less than 8 million. (US Dept of Labor, Sweat and Toil of Children: Efforts to Eliminate Child Labour, 1998, citing a 1991
UNICEF and Government of Pakistan publication)

* Pakistan Labour Force survey 1990-91 indicates that some 2 million children between 10-14 years are still active in the labour force. (US Dept of Labor, Sweat and Toil of
Children, 1994, citing ICFTU, Pakistan: Forced Labour, June 1995)

LOCAL STATISTICS * The Punjab accounts for 60% of the total child labour. (US Dept of State, Human Rights
Report, 1998)

GENERAL NOTES AND OBSERVATIONS * More than two-thirds of child labourers are working in the agricultural sector. (ILOIPEC, Programme in Pakistan, 1998)

Child Slavery

NATIONAL STATISTICS * Of 20 million bonded labourers 7.5 million are children.(ILO-IPEC, Mainstreaming Gender
in IPEC Activities, 1999)

* 1.2 million children are bonded in the carpet factories. (EI, EI Barometer on Human and
Trade Union Rights in the Education Sector, 1998)

* Of 35 million soccer balls stitched in Pakistan, children produce one quarter of the balls, most of them as bonded servants. (Mary E. Williams, Child Labour And Sweat Shops,
1999, citing Sydney Schanberg, Life, 1 June 1996)

* The ILO report on Pakistan indicates approximately 50,000 children working as bonded labourers in the carpet sector. (ICFTU and ETUC, Pakistan: Forced Labour, June 1995) * The number of bonded workers is estimated as 20 million, of which 6 million would be children. (ICFTU and ETUC, Pakistan: Forced Labour, June 1995, citing ILO estimates) * There are an estimated 8 million bonded child labourers.(US Dept of Labor, Sweat and
Toil of Children, 1994)

* 250,000 children working in brick kilns are bonded labourers, driven into a miserable state by the fact that their entire families have been 'pawned' to the

owners by virtue of their having pledged their labour in return for some money taken.(CWA, Ghazanfer Abbas, "Child Labour in Pakistan", Child Workers in Asia, Vol. 10, No. 3, July September 1994)

* BLLF in 1992 announced that 8 million children were forcibly put to work.(ICFTU and
ETUC, Pakistan: Forced Labour, June 1995, citing "The Battle Goes On", Child Workers in Asia, October 1992-March 1993)

* BLLF estimated in 1992 that nearly half a million bonded children work in carpet industry alone. (ICFTU and ETUC, Pakistan: Forced Labour, June 1995) ADULT STATISTICS * 200,000 Bangladeshi women have been trafficked to Pakistan for the slave trade and prostitution.(CATW Fact Book, citing UBINIG, Trafficking in Women and Children: The Cases of
Bangladesh, 1995)

GENERAL NOTES AND OBSERVATIONS * Children are sometimes kidnapped to be used as forced labour.(EI, EI Barometer on
Human and Trade Union Rights in the Education Sector, 1998)

* Bonded labour, a contemporary form of slavery according to the UN definition, is still unfortunately prevalent in certain sectors in Pakistan, such as brick manufacture, construction, sports goods manufacture and carpet-weaving. (HRCP,
Shakeel Ahmed Pathan, submission to the ECOSOC Commission on Human Rights, June 1997)

* Auctions of girls are arranged for three kinds of buyers: rich visiting Arabs, the rich local gentry, and rural farmers.(CATW-Asia Pacific, Trafficking in Women and Prostitution in
the Asia Pacific, 1996)

* The problem of bonded labour has been aggravated with the arrival of adult and child refugees from Afghanistan, Bangladesh . (ICFTU and ETUC, Pakistan: Forced Labour,
June 1995)

* Children are employed in hazardous industries such as match and fireworks factories, carpet-making factories, agricultural industries under the authority of land-owners, and in conditions of near slavery. (OMCT/SOS, remarks to the UN CRC, April
1994)

* Children are very often forced into a situation of bonded labour by poverty.
(OMCT/SOS, remarks to the UN CRC, April 1994)

* Several thousand kidnapped children are in forced labour at construction sites.
(ILO Committee of Experts, General Report, 1994, citing UNICEF, Situation Analysis of Children & Women in Pakistan)

* Millions of children suffer under the bonded labour system in brick kilns, carpet industries, agriculture, fisheries, stone/brick crushing, shoe-making, power looms, refuse sorting.(US Dept of Labor, Sweat and Toil of Children, 1994, citing "Pakistan: Bonded Labour
Abolition Act Passed at Last", Social &Labour Bulletin, April 1992)

Child Trafficking

NATIONAL STATISTICS * Over the last decade, 200,000 Bangladeshi girls were lured under false circumstances and sold into the sex industry in nations including Pakistan, India

and the Middle East. (CATW Fact Book, citing Tabibul Islam, "Rape of Minors Worry Parents", IPS, 8
April 1998)

* Lawyers for Human Rights and Legal Aid (LHRLA) of Pakistan have reported that more than 19,000 boys from the region, ranging in age from two to 11 years old, have been trafficked as camel jockeys to the Middle East- a trade that can cost them their lives. (ILO-IPEC, Karen C. Tumlin , Overview of Child Trafficking for Labour Exploitation in the
Region, Working Papers on Child Labour in Asia - Vol -2, Bangkok, ILO, 2001)

* On an average, annually 4,500 girls and children from Bangladesh are being trafficked to Pakistan alone. (BNWLA, Salma Ali, Country Report on Trafficking in Children and Their
Exploitation in Prostitution, October 1998, citing report by UNICEF and SAARC)

* Different human rights activists and agencies estimate 200-400 young women and children are smuggled out every month, most of them from Bangladesh to Pakistan.(CATW Fact Book, citing CEDAW Report: Bangladesh, 1 April 1997) * About 40,000 children from Bangladesh are involved in prostitution in Pakistan.
(ILO-IPEC, Rapid Assessment of Child Labour Situation in Bangladesh, 1996)

* 4,800 Bangladeshi girls were trafficked to Pakistan and India.(NishanthiPriyangika,
"Child labour on the increase in Bangladesh", World Socialist Web Site, 3/11/1999, citing UNICEF Report 1994)

* In 1992, it was estimated that some 20,000 children, some as young as 5 years old, were sent to the Gulf region to be used as jockeys in camel racing. (OMCT/SOS,
remarks to the UN CRC, April 1994)

* 19,000 Pakistani children have been trafficked to the United Arab Emirates. (CATW
Fact Book, citing SANLAAP India, IndraniSinha, "Paper on Globalization & Human Rights", citing LHRLA)

ADULT STATISTICS

* 500 Bangladeshi women are illegally transported into Pakistan every day. (CATW
Fact Book, citing "Open sale of little girls at Tanbazar brothel", Daily Star, 2 July 1998, citing BNWLA)

* 100-150 women are estimated to enter Pakistan illegally every day. Few ever return to their homes.(CATW Fact Book, citing "Slavery Still A Thriving Trade", IPS, 29 December
1997)

* At least 200,000 Bangladeshi women have been trafficked to Pakistan over the last 10 years.(CATW Fact Book, citing CEDAW Report: Bangladesh, 1 April 1997) * More than 150 women were trafficked to Pakistan every day between 1991 and 1993. (CATW Fact Book, citing SANLAAP India, IndraniSinha, "Paper on Globalization & Human Rights") * There have been 1 million Bangladeshi, and more than 200,000 Burmese women trafficked to Karachi, Pakistan.(CATW Fact Book, citing SANLAAP India, IndraniSinha, "Paper on
Globalization & Human Rights")

GENERAL NOTES AND OBSERVATIONS

* Pakistan is a source, transit, and destination country for an increasing number of trafficked persons. (US Dept. of State, Trafficking in Persons Report, July 12, 2001) * Women and children are trafficked for purposes of sexual exploitation, bonded labour, and domestic servitude to the Middle East. (US Dept. of State, Trafficking in Persons
Report, July 12, 2001)

* Pakistan is a source country for young boys who are kidnapped or bought and sent to work as camel jockeys in the Gulf States. (US Dept. of State, Trafficking in Persons
Report, July 12, 2001)

* Women and children are trafficked from East Asian countries and Bangladesh through Pakistan to the Middle East. (US Dept. of State, Trafficking in Persons Report, July 12,
2001)

* Pakistan serves as a destination point for women who are trafficked from Bangladesh, Burma, Afghanistan, and the Central Asian States. (US Dept. of State,
Trafficking in Persons Report, July 12, 2001)

* There is extensive trafficking of children from Bangladesh, primarily to India, Pakistan, and destinations within the country are also largely for the purposes of forced prostitution.(US Dept of State, Country Reports on Human Rights Practices - 1999, 25 February
2000)

* India and Pakistan are the main destinations for children under 16 who are trafficked in South Asia.(CATW Fact Book, citing Masako Iijima, "S. Asia urged to unite against child
prostitution", Reuters, 19 June 1998)

* Nepalese, Bangladeshi and Pakistani women are trafficked to India, and through India they are trafficked to Eastern Europe and Saudi Arabia.(CATW Fact Book, citing
MeenaOudel, Oxfam Nepal, 18 March 1998)

* Reports indicate trafficking of children into Pakistan from Bangladesh, Bhutan, India, Nepal and Sri Lanka.(US Dept of Labor, Prostitution of Children, 1996) Child NATIONAL STATISTICS Prostitution and Pornography * Between 20,000 and 40,000 children are in prostitution in Pakistan. (June Kane, Sold
for Sex, ArenAshgatePublising Limited Gower House, 1998)

* Over the last decade, 200,000 Bangladeshi girls were lured under false circumstances and sold into the sex industry in nations including Pakistan, India and the Middle East.(CATW Fact Book, citing Tabibul Islam, "Rape of Minors Worry Parents", IPS, 8
April 1998)

* There are an estimated 240,000 children in prostitution. (ECPAT International, The Price
of Lamb, 1996)

* About 40,000 children from Bangladesh are involved in prostitution in

Pakistan.(ILO-IPEC, Rapid Assessment of Child Labour Situation in Bangladesh, 1996) LOCAL STATISTICS * About 40% young girls of the half a million Afghan children in Pakistan's NorthWest Frontier Province have no where to go except to local brothels and be called 'Gilam Jam'. (ECPAT, ECPAT, "Sex Tourism and the Travel Industry", Travel Trade, Gazette Asia, 25-31
October 1996, reprinted in ECPAT Bulletin, October 1996)

* Male child prostitution is more common than any form of exploitation. There are nearly 15,000-20,000 child prostitutes present in Lahore in the areas near bhatti and railway station. (NCCWD, Combating Child Trafficking: Pakistan) * There are nearly 500 child prostitutes in Rawalpindi alone. (NCCWD, Combating Child
Trafficking: Pakistan)

GENERAL NOTES AND OBSERVATIONS * Awareness of the problem of sexual abuse is very reluctantly acknowledged, particularly by the government. Underground sexual exploitation of children, especially boys, is reported to be widespread within the country.(ECPAT International, A
Step Forward, 1999)

* There is extensive trafficking of children from Bangladesh, primarily to India, Pakistan, and destinations within the country are also largely for the purposes of forced prostitution.(US Dept of State, Country Reports on Human Rights Practices - 1999, 25 February
2000)

Children in Crime

GENERAL JUVENILE CRIME STATISTICS * There are a total of 4,000 children in jails. (Human Rights Commission of Pakistan, The State
of Human Rights in Pakistan, 1999)

* 3,200 children are reported to be in prison.(US Dept of State, Human Rights Report, 1998) LOCAL STATISTICS * In the state of Punjab, the children under 18 convicted for crime numbered around 1,600. Of those convicted, 101 faced death and a number of others were undergoing sentence of 14 to 50 years. (Human Rights Commission of Pakistan, The State of
Human Rights in Pakistan, 1999)

Child Soldiers

OPPOSITION GROUP STATISTICS * Some madrasas have emerged as centres for indoctrination, training and recruitment of young fighters for the armed conflicts in Afghanistan, Jammu and Kashmir. In February 2000 the Pakistani Interior Minister claimed that "only 1%" of the madrasas in Pakistan sent their students for training in Afghanistan. Reportedly, there are 219,000 students in madrasas in Punjab province alone.
(CSUCS, Asia Report, July 2000, citing A. Baruah, "Pakistan bans display of arms", The Hindu, 17 February 2000)

RECRUITMENT LAWS AND REGULATIONS * Volunteers from 16 years of age are in the armed forces. (RäddaBarnen,

Childwardatabase)

* The legal enlistment age is between 17 and 22 for officers, and between 16 and 25 for soldiers. (Mission of Pakistan to the UN, 16 December 1997) * The Pakistan Government representative said that while Pakistan recruited under 18s, it had adequate safeguards to ensure they were not involved in armed conflict. (CSUCS, Asia Report, July 2000, citing the Pakistan Government Representative to the Asia Pacific
Conference on Child Soldiers, 15-18 May 2000)

GENERAL NOTES AND OBSERVATIONS * Much attention has been paid to the role of informal Islamic schools or madrasas in recruiting children for political and military activities. (CSUCS, Global Report on Child
Soldiers - 2001 citing Spillius, A., "Seminaries churn out warriors for Kashmir", op. cit. )

* There are no official figures regarding the number of madrasas in Pakistan; estimates vary between 15,000 and 25,000. Some madrasas have emerged as centres for indoctrination, training and recruitment of young fighters for the armed conflicts in Afghanistan, Jammu and Kashmir. (CSUCS, Global Report on Child Soldiers - 2001
citing Chandran, S., "Madrassas in Pakistan-I. Madrassas a brief review", Article No. 314, 25/1/00, IPCS, New Delhi,, http://www.ipcs.org)

* UN sources reported further recruitment of children from madrasas in the summer of 1999 when the Taliban launched a major recruitment drive in expectation of a new offensive. (CSUCS, Global Report on Child Soldiers - 2001 citing UN
document S/PV.4037, Provisional Verbatim of Security Council debate on children and armed conflict, 25/8/99)

NOTES ON GOVERNMENT FORCES * There are indications of under-18s in government armed forces as the minimum age for voluntary recruitment is 16, but there is no evidence of their deployment.
(CSUCS, Global Report on Child Soldiers - 2001)

NOTES ON OPPOSITION GROUPS * Some internal armed groups are also known to have children in their ranks.
(CSUCS, Global Report on Child Soldiers - 2001)

* It is believed that the MohajirQaumi Movement (MQM) factions have under-18s in their ranks. (CSUCS, Global Report on Child Soldiers - 2001) * Human Rights Watch reported in 1999 that "on August 12, 1998, unidentified gunmen shot Mohajir men, including one 16 year old, who was the only one to survive. Later that evening nine Muttahida activists, ranging in age from 15 to 22, were killed and five were injured by unknown gunmen." (CSUCS, Global Report on Child Soldiers - 2001 citing HRW Report 1999, op.
cit.)

* There is evidence that children, some under 14, have been recruited by armed groups fighting in neighbouring Afghanistan and Jammu and Kashmir. (CSUCS, Global
Report on Child Soldiers - 2001)

* The degree to which under 18-year-old activists of MohajirQaumi Movement (MQM) factions are engaged in armed conflict is unclear as many such killings take place in disputed circumstances. (CSUCS, Asia Report, July 2000, citing Human Rights Watch, World

Report, 1999)

* Amnesty International has reported forced recruitment of children in Pakistan through madarsas to fight in Afghanistan. (CSUCS, Asia Report, July 2000, citing Amnesty
International, Children in South Asia Securing Their Rights, 1 April 1998)

Domestic Child Servants

NATIONAL STATISTICS * 6.7% of female child workers were found in domestic help.(CWA, Ghazanfer Abbas,
"Child Labour in Pakistan", Child Workers in Asia, Vol. 10, No. 3, July - September 1994, citing 1990 survey jointly by the PILER in Karachi and SEBCON in Islamabad)

GENERAL NOTES AND OBSERVATIONS * Child domestic workers generally have to work for 15 hours a day, seven days a week. (UNICEF Innocenti Digest on Child Domestic Work, May 1999, citing "The Phenomenon of Child
Domestic Work: Issues, Responses and Research Findings", 19-23 November 1997)

* There are significant numbers of young Bangladeshi girls who were abducted for the 'slave trade', to be employed as domestic servants in the Middle East and Pakistan. (An Alternative Report to the UN Committee on the Rights of the Child, submission to the UN
CRC, 1997)

Other Hazardous Child Labour

ASSORTED STATISTICS * More than 5 million children are employed in the textile, clothing, footwear and leather sectors. (ICFTU and ETUC, Pakistan: Forced Labour, June 1995, citing estimates of Pakistan
National Textile, Leather and Garment Workers' Federation of Multan)

* A survey found most of the children working in the informal sector in a variety of activities; 52.2% of them in the production sector such as glass making, batterycell making, printing and publishing, textiles, metal works, jewelry making, plastics, leather works, carpet weaving, garments, paper and packaging, furniture, engineering and auto workshops, while 32.82% were found in the service sector such as petrol pump operators, plumbers, washermen, sweepers, garbage collectors, barbers, shoe polishers, hawkers, car cleaners, hotel and restaurant workers, domestic helpers, shop assistants and tailors. (CWA, Ghazanfer Abbas, "Child
Labour in Pakistan", Child Workers in Asia, Vol. 10, No. 3, July - September 1994, citing 1990 survey jointly by the PILER in Karachi and SEBCON in Islamabad)

GENERAL NOTES AND OBSERVATIONS * A large number of children work in urban centres, weaving carpets, making surgical instruments and producing sporting goods.(US Dept of Labor, Sweat and Toil of
Children,1994)

* There are allegations of children working in industries including leather, footwear and mining.(US Dept of Labor, Sweat and Toil of Children, 1994) * Children are employed in hazardous industries such as match and fireworks factories, carpet-making factories, agricultural industries under the authority of land-owners and in conditions of near slavery. (OMCT/SOS, remarks to the UN CRC, April
1994)

SPECIFIC SECTORS

* Auto Workshops - A survey conducted by the Human Rights Commission of Pakistan published in June 1999 noted that there are approximately 4,000 children working in auto workshops in the Mardan district of the NWFP. (US Dept of State,
Country Reports on Human Rights Practices - 2000, February 2001)

* Camel Racing - In 1992, it was estimated that some 20,000 children, some as young as 5 years old, were sent to the Gulf region to be used as jockeys in camel racing. (OMCT/SOS, remarks to the UN CRC, April 1994) * Brick Kilns - A minimum of 250,000 children live and work in brick kilns in complete social isolation.(CWA, Ghazanfer Abbas, "Child Labour in Pakistan", Child Workers in Asia,
Vol. 10, No. 3, July - September 1994)

* Brick Kilns - Tens of thousands of children work with their families in brick kilns.
(ILO Committee of Experts, General Report, 1994)

* Carpet Industry - 120,000 to 1 million children work in the carpet industry. The figure includes children in debt-bondage also.(US Dept of Labor, Sweat and Toil of Children:
Consumer Labels and Child Labor, 1997)

* Carpet Industry - The number of child workers in carpet industry was 500,000. (US
Dept of Labor, Sweat and Toil of Children: Consumer Labels and Child Labor, 1997, citing a memorandum of SACCS to US Dept of State, 20 February 1996)

* Carpet Industry - 1.2 million children engaged in the carpet industry.(ICFTU, No Time
to Play, 1996, citing UNICEF)

* Carpet Industry - It is estimated that a minimum of 1 million workers comprise the workforce of the country's large and labour-intensive carpet industry, of which more than 500,000 are children.(CWA, Ghazanfer Abbas, "Child Labour in Pakistan", Child Workers in Asia,
Vol. 10, No. 3, July - September 1994)

* Carpet Industry - Reports tentatively estimate that out of 15 million workers in the carpet industry, 1 million are children. (ICFTU and ETUC, Pakistan: Forced Labour, June 1995,
citing UNICEF, Child Labour in the Carpet Weaving Industry in Punjab, 1992)

* Manufacturing - 11 million children aged 4-14 keep the country's factories operating. (Jonathan Silvers, "Child Labour in Pakistan", The Atlantic Monthly, 1996) * Mining and Quarrying - 50,000 children are involved in mining. (ICFTU-APRO, SubRegional Seminar on Child Labour, October 1993)

* Scavenging - 20.3% of child workers are engaged as rag-pickers. (Sarah Javed and
ZarinaJilani, Child Labour in Islamabad, 1997)

* Sporting Goods Industry - 80% of soccer balls sold in the US are made in east Pakistan, where 1 in 5 workers are children between the ages of 7 and 12. (Canadian
Labour Congress, Challenging Child Labour, 1998)

* Sporting Goods Industry - In 1997, 5,400 children were removed from the soccer ball industry.(US Dept of State, Human Rights Report, 1998) * Sporting Goods Industry - Sialkot district alone produces nearly 75% of the world's hand-stitched soccer balls. As many as 7,000 children currently work in the

industry. (EI, EI Quarterly Magazine, September 1997, citing ILO) * Sporting Goods Industry - Of 35 million soccer balls stitched in Pakistan, children produce one quarter of the balls, most of them as bonded servants. (Mary E. Williams,
Child Labour And Sweat Shops, 1999, citing Sydney Schanberg, Life, 1 June 1996)

* Sports Goods Industry - Children constitute approximately 20-25% of the work force in the sports goods industry and range from 12-15 years.(US Dept of Labor, Sweat
and Toil of Children, 1994)

* Surgical Instruments Industry - The exact number of vendor shops in Sialkot is not known but it is estimated that more than 2,000 vendors are involved in surgical instrument production. It is estimated that each vendor shop employs an average of two children, so some 3,000 to 4,000 children haven been suspected of being involved in the production process. (ILO-IPEC, NasirDogar, Workplace Monitoring Project in the
Surgical Instrument Industry, Working Papers on Child Labour in Asia - Vol -2, Bangkok, ILO, 2001)

* Surgical Instruments Industry - According to the ILO and the Punjab Welfare Department, children constitute about 15% of the work force in the surgical instrument industry in Sialkot; 7,500 of these children are estimated to be under age 14. (US Dept of State, Country Reports on Human Rights Practices - 2000, February 2001 citing ILO
and Punjab Welfare Department)

* Surgical Instruments Industry - According to a June 1999 report issued by Public Services International, the average age of children in the surgical instrument industry is 12. (US Dept of State, Country Reports on Human Rights Practices - 2000, February 2001
citing PSI report)

* Surgical Instruments Industry - 3,670 children under 17 are working in the surgical instruments industry. (US Dept of Labor, Sweat and Toil of Children, 1994, citing
Government of Pakistan's chart on child labour by the Provincial Government in 1993)

http://www.dol.gov/ILAB/media/reports/iclp/tda2001/pakistan.htm

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