KARACHI: Minister for Labour & Human Resources Department, Government of Sindh Shahid, Abdul Salam Thahim said that his office will address the loopholes in existing laws and will incorporate the suggestions from the consultations.
Speaking at Sindh Human Rights Commission (SHRC) in collaboration with Obun2, organized a consultation on the Bonded Labour System (Abolition) Act, 2015, and child domestic labour in Sindh.
The consultation aimed to identify gaps and develop a framework for legal and institutional reforms to eradicate bonded labour and child domestic labour in Sindh.
The minister highlighted that the Sindh Bonded Labour System (Abolition) Act of 2015, the Prohibition of Employment of Children Act 2017, and several other laws are already in place in the province, which needs better enforcements and looking forward to work with the Sindh Human Rights Commission to improve better enforcement through robust mechanisms.
The Minister also assured that NILAT will be strengthened which can play an important role through education and training on these important issues.
Iqbal Ahmed Detho, Chairperson, Sindh Human Rights Commission, Government of Sindh, Karachi welcomed the audience and shared insights into the legal framework surrounding bonded labour, referencing Articles 11 and 3 of the Constitution. He discussed the Bonded Labour System (Abolition) Act of 1992, highlighting that advances are illegal and noting the development of rules in 1995. The Chairperson informed the audience that, following the 18th Amendment, provinces have legislated their laws, with Sindh enacting the Bonded Labour System (Abolition) Act of 2015. He also stated that the SHRC aims to develop a bench book for labour-related laws and is committed to creating pro-rights legislation and conducting post-legislation scrutiny, which will be shared with the parliamentary standing committee.
He shared that DVC tracking sheets should be developed, and emphasized that SHRC, as an oversight body, can monitor these meetings. He also highlighted a key issue with the DVC: the designated secretary is the labor officer, but the absence of labor officers in districts is one of the reasons that DVC meetings are not held.
Syed Nazar Ali, Secretary General of the Employer Federation of Pakistan, emphasized the need to involve genuine stakeholders in tackling bonded labour. He pointed out that issues like COVID-19, climate change, poverty, and the lack of a strong social support system contribute to this exploitation, stressing the importance of improving Sindh's labour laws.
Qandeel Shujaat, Executive Director, Obun2, highlighted the critical issue of child domestic labor and shared the national and provincial framework addressing child domestic labour.
He shared that the issue of child domestic labour is dealt differently in different provinces. In Pakistan, two types of labour laws prohibit child domestic labour: those regulating child employment and domestic working conditions.
He welcome that the Sindh Government is now working on Sindh Domestic Workers Bill however it is important to learn from other provinces experiences because existing legislations have failed to curb the issue because of gaps in implementation mechanisms.
Rida Tahir Legal Consultant SHRC highlighted that one in four children is engaged in domestic labor reported by a study. She discussed Article 25-A, which sets the child age as 16 years. After the 18th Amendment, Sindh enacted the Prohibition of Employment of Children Act, 2017. She also mentioned the Sindh Child Protection Authority Act of 2011, which was amended in 2021 to include child domestic labour in the definition of child abuse.
Shahid Shafique, District and Session Judge, Sindh Judicial Academy, highlighted that judges training covers forced marriages and bonded labor, noting that poor investigation practices and limited understanding of the legal framework lower conviction rates.
Zahid Gulzar Shaikh, Regional Director of Labour, Shops & Commercial Establishment Division shared that District Vigilance Committee meetings are not conducted timely, and suggested reviewing the existing mechanisms.
Shafqat Ali Larik Section Officer, Legislation law department shared the issue of improving legal frameworks by identifying and addressing loopholes through interdepartmental consultations.
Muhammad Rafique, a Human and Labour Rights Expert, stressed the need to examine policies, systems, and legislation. He highlighted the need to understand the local context to devise solutions which can be implemented as well.
Representatives from various organizations, including the National Trade Union Federation and Hari Foundation, Nari Foundation, SPARC, LRF, initiative and CSSP also spoke.
SHRC raised concerns about the police's failure to include proper sections of the Sindh Bonded Labour Abolition Act in FIRs. SHRC also emphasized the strengthening of NILAT and Sindh Labour Academy. It was revealed during the consultation that only 12 of Sindh's 29 districts have notified District Vigilance Committees (DVCs). Discussions also covered the Sindh Labour Code, legislative and structural challenges, data gaps, power imbalances, bureaucracy, poverty, and the lack of social security which are important areas to address while addressing legal and institutional reforms.
Copyright Business Recorder, 2024