Pakistan Institute of Labour Education & Research 2008

Zulfiqar Shah

Effectiveness ofInterventions forthe Release andRehabilitation ofBonded Labourersin Pakistan

2

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

IntroductionExecutive summaryChapter 1Bonded labour in Pakistan: OverviewSectors afflicted with bondageNational legislation International standards Chapter 2Current Status of Bonded LabourMechanism of bondageReasons: socio-economic indicators and political structureGender and bonded labourInterventions and RehabilitationChapter 3Judicial Interventions Brick kiln AgricultureCarpet weavingChapter 4State Interventions Bonded Labour System (Abolition) Act 1992National Policy and Plan of Action (NPPA) 2001National Policy and Plan of Action for Combating Child LabourInternational Covenants and Conventions Ratified by PakistanGovernment Schemes for WorkersChapter 5Civil Society InterventionsInternational Organizations/NGOsNational Organizations, local NGOs (Agriculture)National Organizations, local NGOs (Brick Kiln)National Organizations, local NGOs (Carpet Weaving)Community InterventionPolitical InterventionRole of Media and trade unionsChapter 6RehabilitationBrick kilnAgricultureCarpet weavingChapter 7Recommendations

3

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

Contents

Effectiveness of Interventions for the Release and Rehabilitation of Bonded Labourers in PakistanPakistan Institute of Labour Education and Research 2008 ISBN 978-969-9153-03-7Cover & design: K. B Abro

The Pakistan Institute of Labour Education and Research (PILER), engaged with labour issues for the last 25 years, has under-taken to review the changing trends and the factors impacting adversely on the workers' lives and the working conditions, anddocument the workers' struggles to counteract these forces. This report attempts to put together a picture of the current sta-tus of labour in the country.

The report aims to facilitate the role of the civil society as a watchdog of human rights related to work and workplace. A con-stant vigil and monitoring of labour laws violations can serve as a useful tool in the struggle to ensure rights enshrined in theConstitution, national legislation and international covenants and standards.

The report covers the period up to December 2006 and is based on two categories of sources. Firstly, the secondary sourceswhich range from print media and the internet, to the latest official reports and documents, research studies and articlesavailable on the subject. Secondly, and of particular significance, is the PILER's direct engagement and interaction with work-ers and labour organizations in the informal sector, trade unions, civil society groups and representatives of state labour insti-

tutions.

The assessment of conditions of work and employment put together in this report is based on the work undertaken by thePILER programme and field staff members in recent years. Besides small surveys, rapid assessments and sector profiles, thenational conventions of workers in the textile, brick kilns, transport, construction and light engineering sectors organized byPILER in 2005 have contributed richly to the report. Information sharing by workers' representatives, trade unionists, socialactivists during seminars, training workshops and consultative meetings organized by PILER and the help sought by the work-ers through the Labour Rights Helpline services have also provided insights in to the assessment.

The report, first of its kind, acknowledges being deficient in many aspects in view of the constraints in documentation andsystematic data collection prevalent at all levels of society. The constraints include non-cooperation of state governance struc-tures to share data related to labour, lack of dispassionate critique of labour legislation, and the lack of a unified institution-al mechanism at non-governmental level to monitor labour matters.

PILER looks forward to critical review, comments and suggestions for improvement in future reporting.

4

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

Anumber of studies on the issue of bond-ed labour, conducted in Pakistan aswell as other South Asian countries inthe past, have confirmed the wide-

spread prevalence of forced labour in SouthAsian countries particularly India, Pakistan andNepal.

Pakistan Institute of Labour Education andResearch (PILER), General Federation ofNepalese Trade Unions (GEFONT) and Centre forEducation and Communication (CEC), Delhi, incollaboration with Anti-Slavery International(ASI), had initiated a four-year Action ResearchProgramme to look into the interventions madeso far in the bonded labour issue in these threecountries.

The research project, which ended onDecember 31, 2007, included one-year pilotphase and three-year action research. InPakistan, PILER conducted three studies ana-lyzing bonded labour interventions inAgriculture, Brick kiln and Carpet sectors; thethree sectors believed to be widely infected bybonded labour in two major provinces ofPakistan -- Sindh and Punjab. Advocacy andlobbying aimed at ending bonded labour hadbeen integral part of the project throughoutthese years.

The field surveys for brick kiln workers wereconducted in Faisalabad and Multan districts inPunjab. Data on agriculture workers was col-lected from the camps of released Haris in andaround Hyderabad district in Sindh, while forinterventions in bonded child labour in carpet

industry of Tharparkar district of Sindh, a proj-ect of Thardeep Rural DevelopmentProgrammeme (TRDP) was assessed.Secondary research was undertaken to analysethe history of bondage in Pakistan, with focuson interventions.

Methodology

Extensive field visits were carried out at alllocations--Multan and Faisalabad in

Punjab and Hyderabad, Sanghar andTharparkar in Sindh. A semi- structured ques-

5

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

Introduction

tionnaire was prepared and used to have inter-views of primary respondents i.e. brick kilnworkers and released Haris (agricultural work-ers). In Punjab rapid assessment was also donein Lahore, Sahiwal and Jhang districts.A significant number of key informants, partic-ularly in brick kilns, were accessed for informalunstructured interviews. The aim was to estab-lish trust in the identified communities.

In addition to brick kiln workers and Haris, theemployers, activists working on the issue ofbondage, government officials, lawyers andtrade union leaders were also interviewed andtheir views incorporated in the study.

The selection of brick kilns and the primaryrespondents was made on random basis butkeeping in mind that representation of allTehsils in a district are included. Most of theinterviews were done with the help of localactivists.

Executive Summary

International organizations consider bondedlabour as a contemporary form of slavery that

involves an estimated 20 million people all overthe world.

The International Labour Organization (ILO)defines forced labour as "work or service,extracted from a person under threat or penal-ty, which includes penal sanctions and the lossof rights and privileges, where the person hasnot offered him/herself voluntarily."

In Pakistan, definition of bondage or bondedlabour generally focuses on debt under whichpoor workers are coerced into a situation wherethey are compelled to work against their wishesnot for some years but for generations and inmany cases with restricted movements and lim-ited or no freedom of choice.

The latest law in Pakistan, which declared com-pulsory work against credit as bonded labour,defines the term 'bonded labour' as: "Anylabour or service rendered under the bonded

labour system."

Though there are many opinions on the defini-tion of bonded labour in the country, where alarge number of people even do not accept theexistence of bonded labour, those who acceptthat the menace has strong roots in the feudaldominated society agree that 'debt' is themain cause, pushing people in bondage.

The issue has been under discussion at officialas well as unofficial levels for at least threedecades now. During this period, particularlysince mid 1980s thousands of bonded labour-ers have been released through different inter-ventions. However, hundreds of thousands stillremain in bondage.

Various interventions so far have been initiatedby the government, judiciary, civil society (non-governmental organizations), internationalorganizations, human rights groups, labourrights groups, peasant organizations, politicalparties, community organizations, media and,in many cases concerned individuals have alsoplayed an active role.

Analysis of a number of research studies andliterature, particularly annual reports of theHRCP reveal that joint intervention by NGOs,judiciary and administration has proved com-paratively effective in the release of bondedlabourers.

Though different NGOs claim that about30,000 bonded labourers have been releasedin the country during last one decade, thePILER research team has been able to accountfor only 8,530 people confirmed released atthis time (2007). These statistics are based onthe numbers of released bonded labourers,mentioned in the HRCP annual reports and innewspaper clippings available at the PILERlibrary. Surely, the number of those releasedcould be much more if other resources are ana-lyzed and field visits are extended to otherplaces in the country.

6

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

Of the total 8,530, bonded labourresr releasesin the brick kiln and agriculture sectors a major-ity (5,166) was released by the joint action ofNGOs, judiciary and administration: the NGOhelped or directly filed a petition in the courts ofthe law, and the judiciary had sent a bailiff tothe location or asked the police to recover thebonded labourers.

However, all these bonded labourers werereleased under habeas corpus petitionsdespite the fact that there is a special law,Bonded Labour System (Abolition) Act enactedin 1992, which defines exacting forced labouras cognizable offence.

According to the statistics, provided by the gov-ernment to the National Assembly, only 23cases were detected under Bonded LabourSystem (Abolition) Act and the fine collectedduring this period was merely Rs 6,1001.

This state of affairs reflects poor implementa-tion of the law. Bonded Labour Fund, estab-lished in 2001 as a part of the National Policyand the Plan of Action remained unutilized orunderutilized and more than Rs 100 millionremained with the government unutilized at atime when released Haris were living in subhu-man conditions in and around Hyderabad.

Field surveys in the brick kiln sector in two dis-

tricts of Punjab i.e Faisalabad and Multan andof the released Haris in agriculture sector indi-cate challenges inherent both in the releaseand rehabilitation of bonded workers. Kilnworkers could not avail the state-run pro-grammes which were aimed at eradicatingpoverty, mainly because they did not possessofficial documents like National Identity Cards(NICS) and their weak socio- political status.The released Haris face problems due to lack ofbasic amenities in the camps and access toalternate livelihoods.

In Sindh's Tharparkar district child labour isvery common in home-based carpet weavingunits. These children are working against debttaken by their family members, or workingunder social obligation (for example caste, eth-nic or religious practices) without their consentand under conditions that restrain their free-dom, increase their vulnerability to physicaland other forms of abuse, and deprive them oftheir basic rights.

Bonded labour is outlawed in the Constitutionof Pakistan and the country has ratified manyinternational conventions promising to bringthis menace to an ultimate end, yet the practicepersists. The issue of bonded labour cannot beseen in isolation: it is closely linked with thestate of human rights and labour rights, espe-cially of rural and agricultural workers.

7

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

8

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

Bonded labour is considered as a con-temporary form of slavery thatinvolves an estimated 20 million peo-ple all over the world. The

International Labour Organization (ILO) definesforced labour as "work or service, extractedfrom a person under threat or penalty, whichincludes penal sanctions and the loss of rightsand privileges, where the person has notoffered him/herself voluntarily."

The ILO categorizes forced labour into five keyareas which include slavery and abduction,misuse of public and prison works, forcedrecruitment, debt bondage and domestic work-ers under forced labour situation, and internaland international human trafficking2.

In Pakistan, definition of bonded labour gener-ally focuses on debt bondage under which poorworkers are coerced into a situation where theyare compelled to work against their wishes, notfor some years but for generations and in manycases with restricted movements and limited orno freedom of choice. A large number of peopledo not accept the existence of bonded labour inPakistan; those who accept that the menacehas strong roots in the feudal dominated socie-ty agree that 'debt' is the main cause, pushingpeople in bondage.

In the view of many organizations and labourrights activists3, forced labour is a privateoppression as a strategy of labour intensifica-tion for higher return to capital. This extremelabour exploitation is an outcome of exclusionof a group of citizens-- especially women and

children - from the full range of social, econom-ic and political rights. Hence the state holds pri-mary responsibility for persistence of wide-spread, gross injustice of forced labour.

In today's Pakistan, roots of the bonded labourare directly linked with the evolution of agricul-ture and industry over half a century ago. Withthe creation of a new country4, a small numberof people--Nawabs, Sardars and bureaucrats-in the British Raj inherited big lands as bless-ings against their services to the British rulers.They were commonly known as Zamindars whoemployed landless people as Haris to cultivatetheir lands.

Sectors afflicted with bondage

Agriculture has been identified as the mainlocation of debt bondage in Pakistan with

concentration in lower districts of Sindhprovince5. It is observed that Haris are in debtin most of the rural areas in the country. In manycases, majority of Haris who are illiterate, haveaccepted the practice voluntarily as they thinkthat they are bound to work against credit,which is often many times more than that of theprincipal amount. Since Haris are in debt, land-lords consider it their right to extract labourfrom tenants and their families until the debt iscleared6. Bonded labour in agriculture is alsoprevalent in Punjab. A recent study7 confirmsthe prevalence of debt bondage at least in twodistricts, Hafizabad and Bahawalpur, in Punjabprovince.

Similarly, in brick kiln, most of the workers arepoor labourers, who find no other way but to

9

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

Bonded labour in Pakistan: OverviewCHAPTER ONE

find a job in a kiln at lower wages. They alsotake loans against the promised work before orafter joining and could not clear the outstand-ing amounts due to their low wages. Slowly thecredit multiplies with the addition of compoundinterest at exorbitant rates and goes up beyondtheir reach to clear . In such a case, they are notallowed to leave the work place or join any otherprofession till they clear every penny of thedues. Similarly, in other sectors, the bondage isprimarily caused by the debt.

Unfortunately, despite debate and discourseson bonded labour at official as well as unoffi-cial level, there is no reliable data available ofthe total number of bonded laborers in thecountry. Different INGOs and NGOs have con-ducted a number of research studies on theconcept, patterns and causes of the bondagebut no national survey has been conducted toestablish the actual number of workers inbondage.

A PILER study8 estimates 1.8 to 6.8 millionpeople in the bonded share cropping familiesacross Pakistan. Many surveys have estab-lished that majority of sharecroppers and brickkiln workers are indebted. The ILO rapidassessments9 of several sectors found carpetweaving, mining, glass-bangles, tanneries,domestic work and begging as infected withforced labour though the magnitude was lesserthan found in agriculture and brick kilns.

National legislation

According to the constitution of Pakistan allforms of forced labour are prohibited.

Article 11 (1-2) of the Fundamental RightsChapter of the Constitution of Pakistan reads:"Slavery is non existent and forbidden and nolaw can be made to permit or facilitate its intro-duction in Pakistan in any form. All forms offorced labour and traffic in human beings areprohibited. Pakistan's Constitution condemnsall types of exploitation and makes the stateresponsible to bring all kinds of exploitation toan end and ensure fair opportunities to thepeople".

Article 3 of the Constitution condemns bondedlabour and vests in the state the responsibilityto end exploitation. It declares: "the state shallensure the elimination of all forms of exploita-tion and gradual fulfillment of the fundamentalprinciples, from each according to his ability toeach according to his work." Article 14 of theConstitution prohibits violation of dignity ofman and woman and torture. Article 37 (e)says: "It is state's obligation to make the pro-vision for securing just and humane conditionsof work, ensuring that children and women arenot employed in vocations unsuited to their ageor sex, and for material benefits for women inemployment." Article 10 reads: "Everyone hasthe right to work, to free choice of employment,to just and favorable conditions of work and toprotection against unemployment."Article 38is more specific: "State shall ensure equitableadjustment of rights between employers andemployees, and landlords and tenants."

Despite Constitutional guarantees and ratifica-tion of international convention, no legislationwas devised to directly address the issue ofbonded labour till the Bonded Labour System(Abolition) Act was passed in 199210.

First time in the history of Pakistan such a spe-cific law was enacted to deal with a criticalissue involving lives of millions of people. Thelaw was the result of the long struggle of humanand labour rights groups, civil society organiza-tions and individuals who have been demand-ing an end of the bonded labour system.

The law came out in the wake of a landmark ver-dict of the Supreme Court in 1989 in whichforced labour against peshgis (advances) wasdeclared illegal. It was also the outcome of thepressure on Pakistan by international organiza-tions particularly the ILO that pressed the coun-try to bring in laws to meet its commitment.

Under the law, the bonded labour system stoodabolished throughout Pakistan; every bondedlabour stood freed and discharged from any

10

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

obligation to render bonded labour11. Everyoffence under the act was made cognizablewhere police can take action and the law pro-vided imprisonment of 2 to 5 years or with fineof Rs. 50,000 or both to any person who com-pelled anyone to render bonded labour orextracted bonded labour under any guise orpretext.

Salient features of the law are:

No person can make any advance under the bonded labour system or compel anyone to render any form of forced labour; Any custom, tradition, practice, contract, agreement or other instruments, wheneverexecuted, under which any person or any member of his family was required to workas a bonded labourer shall be void and inoperative;Every obligation of a bonded labourer to repay any bonded debt outstanding against him shall stand extinguished;Any court or tribunal or any other authority could not take up suit or any other proceedings for recovery of the bonded debt;Return of property which is taken from a bonded labourer against debt.

Besides other provisions, the law required thedistrict officers to check the incidents of bond-ed labour in their respective areas and takenecessary actions. The law also makes itmandatory for provincial governments to set upDistrict Vigilance Committee (DVCs) for theeffective implementation of the law and helprehabilitation of the bonded labour.

Bonded Labour System (Abolition) Rules werenotified in 199512. The rules laid down theresponsibility of various implementing agen-cies, including the terms of reference of vigi-lance committees. It also included a provisionof establishment of fund for the rehabilitationand welfare of the freed bonded labourers.

National Policy and Plan of Action 2001 is saidto be the result of personal initiative on the part

of first workers-friendly minister, late OmarAsghar Khan. Under the National Policy andPlan of Action for the abolition of bondedlabour and rehabilitation of freed bondedlabourers the government committed to eradi-cate bonded labour, wherever it exists, in thesociety. It pledges to adhere to all internationalinstruments, covenants, conventions and pro-tocols whether ratified or not which protect fun-damental human rights13. It includes both longand short-term measures for eradication ofbonded labour.

The plan also provided the creation of a Fundfor the rehabilitation of freed bonded labour-ers. The government provided Rs 100 millionfor the fund and with some other additionalgrants from provincial governments it nowstands at Rs 125 million. But it remains under-utilized.

District Vigilance Committees (DVCs) are themain thrust of the action plan. Though the planwas approved in 2002, constitution of the com-mittees was delayed. The committees wereformed in a few districts in Sindh and Punjabprovinces but remain inactive. Hence, despitea specific law, implementation has remained agray area, as was evident from the statisticspresented by the government in the NationalAssembly.

Before and after the enactment of the law, mostof the bonded labourers released up till nowhave been released under habeas corpus peti-tions under which relatives of bonded labour-ers, or representatives of Human Rights groupscan seek immediate relief from the courts. Thissituation also raises doubts about the effectiveimplementation of the law. The question is if aspecific law is in place why bonded labourersare freed under habeas corpus and no action istaken against the culprits?

Tenancy Act

Though there is no law that supports thebondage directly but there are flaws in spe-

cific legislation, which often go against the

11

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

interests of bonded workers. This becomesmore obvious in the agriculture sector whereZamindar-Hari relationship is largely based onsharecropping.

Hari-Zamindar relationship was regularizedunder the Tenancy Act 1950. The law envisagedtwo classes of tenants i.e. permanent tenantsand 'tenants at will'. The former enjoyed secu-rity as according to the law their names were tobe registered in a revenue record and their ejec-tion was subject to conditions and order bycompetent official authority. But there was noprotection to the 'tenants at will'. The law pro-vided that a 'tenant at will' could also becomepermanent tenant by cultivating at least 4 acresof land of one landlord for 3 years.

It was noted that in many cases landlords didnot let the Hari cultivate the same land for con-secutive three years, barring him from becom-ing permanent tenant. Thus, the law wentagainst Haris and contributed to the bondageas it was easy to exploit the 'tenants at will'.

The law outlines a system of sharing the prod-uct (Batai ) and share of output expenses of fer-tilizers, seed and water. This system is not fair-ly implemented and tenants at will cannot raiseobjections because of the fear of evacuationand remain vulnerable and accept the condi-tions of landlords. The fate of the permanenttenants were also not different as no mecha-nism were devised to enter their names in theofficial record leaving them on the mercy oflandlords.

Under the law, disputes were to be decided by arevenue official and the provision of fine was asnominal as Rs. 500 or one-month imprison-ment, which was hardly applied. The law pro-hibited landlord to extract unpaid work (begaaror wangar), but the same is in practice till today.It was also obvious that the revenue officerscould not take any action against big landlordson the complaints of poor Haris. In general thelaw is half a century old and has not beenrevised to meet the current day requirements.

There is need to amend the law in a way that itprotects agriculture workers from exploitation.

International standards

Besides guarantees built into theConstitution, Pakistan is also committed

to end all forms of debt bondage, child servi-tude and forced labour under the internationalconventions it has ratified over the years.

Being a member of world community, Pakistanis bound to ensure fundamental rights in thecountry mentioned in the UN Declaration ofFundamental Rights. The UNO adopted thisdeclaration in 1948, which prohibits slavery,forced labour, bonded labour and all forms ofexploitation. Moreover, Pakistan ratified theILO's bonded labour related Conventions No.29 and 105 in 1951 and 1960 respectively. TheILO adopted these conventions in 1930 and1957 respectively.

The convention No. 105, specifically, prohibitsrecourse to force or compulsory labour in fivedefined areas.1. as a means of political coercion or

education or as a punishment for holding or expressing political views or views ideologically opposed to the establishedpolitical, social or economic system;

2. as a method of mobilising and using labourfor purposes of economic development;

3. as a means of labour discipline;4. as a punishment for having participated in

strikes;5. as a means of racial, social, national or

religious discrimination.

Besides above-mentioned specifi Conventions,Pakistan has also ratified the following interna-tional conventions:

The UN Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices similar to Slavery 1956 the convention was ratified by Pakistan in 1958.

12

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

The UN Convention on the Rights of Child (CRC) 1989 Pakistan ratified the Convention a year later in 1990. Article 32of CRC guarantees children's protection from economic exploitation and fromperforming any work that is likely to behazardous or to interfere with child'seducation.

ILO declaration on Fundamental Principles

and Rights at Work 1998 requires the member states to furnish to the ILO officethe status report on the observance of coreConventions including Convention on Forced Labour.

Philadelphia Declaration adopted by the ILO in 1944 also puts stress on member states to ensure work without exploitation and compulsion.

13

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

14

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

Though signs of bonded labour can betraced in almost all sectors, agriculture,brick kilns and carpet weaving are thetop three most infected areas where hun-

dreds of thousands of men, women and chil-dren are enslaved.

The bonded labour system consists of givingadvances or peshgi to a person. Till the advanceremains outstanding, the worker is bound to thecreditors. In case of sickness or death, the fam-ily of the bonded individual is responsible forthe payment of debt. In the case of children, thepeshgi is paid to a parent or guardian, who thenprovides the child to pay off the debt throughlabour. In many cases, bonded children aredelivered - usually by the parents or theguardians of the child - in repayment of a loanor other favours given in advance, real or imag-inary.

Brick Kilns

Brick kilns is the sector considered to bewidely infected with the forced labour due

to the nature of the brick kiln industry and alsosocio-economic status of its labour force.Bonded labour in the brick kiln sector is con-centrated in Punjab, where thousands of bond-ed labourers have been released over the yearsthrough different interventions.

It was the complaints of the bonded labourersof brick kiln industry that moved the SupremeCourt to initiate proceedings leading to a his-torical verdict in 1989 when the court declaredcompulsory work against advances as illegaland directed the government to make laws to

end exploitation of labour and bonded labour.

According to studies14, working days in brickkiln range between 240-260 in a year. Due tothe seasonal nature of work the operation isclosed down in monsoon and in harsh weather.Since brick kiln workers are paid at piece ratebasis so they lose earnings if the operation isclosed either for a day or a month. In this periodof joblessness, workers are dependent on kilnowner and take further loans, which are addedto their already outstanding amount, and thusthe debt increases.

Thus the nominal earnings through piece rateare the primary reason for debt bondage inbrick kilns. As the amount of loans taken tomeet social event expenses i.e. wedding andfuneral of a family member, and regular creditto meet daily subsistence increases the out-standing amount, the workers are not able toclear from meager earnings.

The workers in kiln industry are mostly migrants(from other districts) and marginalized locals(of lower caste) including men, women and chil-dren. Females and children work mostly asPathera, comparatively less hard work15. Manyof them live on site along with their entire fami-lies.

Another study16 conducted earlier on brick kilnworkers in the outskirts of capital Islamabadand Rawalpindi reveal that 87%of kiln workerswere illiterate and cannot write their name.Majority (62 %) started work between the agesof 7 to 10 years. The overwhelming majority

15

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

Current Status of Bonded labourCHAPTER TWO

(99%) said they are in debt above Rs 10,000and many of them complained that thoughsome members of their families are allowed tovisit relatives and hometowns, the entire familycannot move till the entire debt is cleared.

This state of affairs in brick kiln sector is veri-fied by the extensive field work17 in two districtsand random survey in three additional districts,where kiln workers interviewed were in debtand almost all workers had taken advances.The amount recorded was even much higherthat of referred in earlier studies. It ranged fromRs. 30,000 to 150,000 per family.

Agriculture

Agriculture has been identified as the mainlocation of debt bondage in Pakistan with

concentration in lower districts of Sindhprovince in earlier study conducted by PILER18.It is observed that Haris are in debt in most ofthe areas in the country and they do workagainst credit, many of those living in the lowerdistricts of Sindh have restricted moment andfreedom because of caste and vulnerability.

In many cases, the Haris, majority of whom areilliterate, have accepted the practice voluntari-ly and they think that they are bound to workagainst credit, which is often many times morethan that of actual amount. Since Haris are indebt, landlords consider it their right to extractlabour from them and their families until thedebt is cleared19.

Agriculture, employing about 20 million(43.1%) of the total labour force of 50.50 mil-lion in the country, is also the largest contribu-tor in the economy with 21% share in GDP20. Itis also the largest source of foreign exchangeearnings by serving as the base sector for coun-try's major industries--garments and sugarindustry.

The employment in agriculture is mostlythrough sharecropping contract, followed bydaily wages, both on verbal agreement. Studiesand field experiences suggest that the share

cropping system is full of faults and provide aneasy room for exploitation of Haris. Sincemajority of Haris in Pakistan are illiterate andsocially weak, there is hardly any concept ofproper record keeping. Majority of them, withmeager earnings, that too on crop basis21, arealways dependent on landlords and seek creditfrom time to time to meet their basic needs.There is always disagreement about theamount of money owed to the landlord. ManyHari households feel that they are trapped intobondage due to inaccurate accountingdesigned to keep them in perpetual debt22.

High input costs and lower outputs from agri-culture production, coupled with shortage ofwater and droughts in many parts of the coun-try have left Haris with no other option but takemore and more credit from landlord on promiseof work.

It is noted that the bonded labour has a closelink to sharecropping and there are signs offorced labour existence in all parts of the coun-try. It is more prevalent in lower parts of theSindh province. The area bordering with Thardesert has a majority of Hari population fromlow caste, or scheduled caste, Hindu minori-ties.

Carpet Weaving

According to a study, in the carpet weavingsector, about 98 percent of the carpet

weavers' families were indebted23. Many fami-lies had taken multiple loans and half of themhad taken loans for subsistence, to buy food onday-to-day basis because their earnings fromcarpet weaving were too low. A significant num-ber, 63 percent, had borrowed from contrac-tors. The debt had compelled many families toput children in to carpet weaving.

A rapid assessment study undertaken by theMinistry of Labour in collaboration with the ILOin 2004 on bonded labour in carpet industryrevealed that 40 percent of the workforceengaged in carpet weaving was children under-15 years of age. An earlier survey of child

16

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

labour in carpet weaving in Punjab provincehad indicated 80 percent of the workforce asunder 15 years of age24.

In Sindh's Tharparkar district child labour iscommon in home-based carpet weaving units.These children are working against debt takenby their family members, or working undersocial obligation (for example caste, ethnic orreligious practices etc.) without their consentand under conditions that restrain their free-dom, increase their vulnerability to physicaland other forms of abuse, and deprive them oftheir basic rights i.e. schooling.

According to the Thardeep Rural DevelopmentProgramme, the minimum loans sought by afamily ranges from Rs 5,000 to Rs 10,000 andmaximum from Rs 50,000 to Rs. 100,000.There were wide variations in the extent of thefamily indebtedness. The contractors werecharging yearly compound interest rate at 10percent and bound the families to sell the car-pets on pre-contracted (low) prices.

Till the advance remains outstanding, the work-er is bound to the creditor/employer. In case ofsickness or death, the family of the bondedindividual is responsible for the debt. In case ofchildren, the peshgi (advance) is paid to a par-ent or guardian, who then provides the child topay off the debt through labour. In many cases,bonded children are delivered - usually by theparents or the guardians of the child - in repay-ment of a loan or other favours given inadvance, real or imaginary.

Child labour has shown an increasing trend inPakistan in the last decade. The total number ofchildren aged 10-14 years engaged in produc-tive activities has risen from 2.12 million in1996-97 to 3.06 million in 2005-0625. Labourforce participation rate in the age group 10-14has also jumped during this period from 12.8percent to 15.2 percent. The increase in childlabour is linked to informal, low-paid, unpro-tected, home-based work that does not gener-ate decent income and compel adults to sup-

plement the household income through childlabour. Another key factor related to childlabour is lack of schooling. Over 6.4 millionchildren are reported to be out of schools inPakistan26.

Mechanism of bondage

Arange of issues draw people into a situa-tion or practice defined as bonded labour

in the national laws and under the internationalconventions.

Though the reasons of exploitations andbondage are not as simple as many people maythink, majority of the respondents say "pover-ty" is a major cause of their present condition.

When a person falls into the trap of bondage hisdignity and self respect are eroded no mattereither he or she is at home, work or at any otherplace. The psychological effect is damaging.Since most of the bonded labourers are poorHaris in agriculture and poor labourers in brickkiln, they are already weak in social, economicand political terms but bondage furtherdegrades them.

Field survey conducted in two districts with dif-ferent socio- economic indicators in Punjabprovince, i.e. Multan and Faisalabad, suggestthat brick kiln workers fall prey to a set of set-tings and mechanisms before becoming bond-ed labour. Majority of brick kiln workers in twodistricts are in debt. The amount of debt rangesfrom Rs. 8,000 to Rs. 50,000 and in somecases exceeds this limit. Though advancemoney is taken by a single-family member --mostly the elder one -- either father or brother,it is considered a family debt and the entirefamily has to work to repay.

Usually an elder family member takes peshagi(advance) at the time of joining a kiln or shiftingfrom one kiln to another. Majority of the respon-dents say this amount is provided without anywritten agreement on the conditions that it willbe deducted in small installments from thewages. Those who say there was written agree-

17

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

ment have no document to show but have justheard from the employers that their labour wascontracted under a written agreement.

Besides this major amount drawn at the time ofjoining the work or during the work for emer-gencies, kiln workers also draw dasti (runningadvance): it is taken on daily wage basis forhousehold expenses during the week and cal-culated on weekly basis. Kiln workers are paidat the weekend, Thursday for Muslim andSaturday for Christian workers. After deductionof dasti, which in many cases exceeds theamount earned during the week , the loan istransferred to the next week. In this way work-ers are under two types of debt -- major debt(peshgi) and other smaller debt (dasti) takenfor daily expenses.

A number of respondents have inherited debtfrom their fathers or elder brothers. Majority ofthose who have taken the debt themselvespointed out marriage of daughter as the rea-son. Not a single respondent claimed that hewas able to repay the loan. Those who said theydid repay actually took advances from anotherkiln owner, who paid to the earlier owner.Sometimes this is decided amongst kiln own-ers. This happens mostly when a worker is inneed of money and the current owner is not will-ing to pay more or in case the worker feelsuncomfortable working with the currentemployer.

Debt, which is a key indicator of bondage inPakistan, is rampant even after it was declaredillegal by the Supreme Court under the federallaw. The debt not only gives the owner an edgeover worker in terms of securing labour but it isusually used as a tool of exploitation for lowwages and extra work. In extreme cases theworker's movement is restricted.

Socio-economic indicatorsand political structure

The main causes of the bonded labour areeconomic, where poor people, unable to

meet their daily expenses from regular earn-

ings, are compelled to take credit; ultimatelyending up as bonded labourers. There had beenrare cases when people are put on bondagedue to cultural or religious practices by sardras,pirs and tribal heads without debt.

In Pakistan 32 percent of the population is liv-ing below the poverty line. Income distributionis highly skewed with the top 20 percent getting50 percent of the income, while the bottom 20percent gets only 6 percent. Income scarcity isone of the main causes of growing poverty inthe country reflecting inequality in human,physical and social capital; an unequal distri-bution of assets, particularly land, accentuatesand perpetuates poverty27.

Pakistan has been ruled by military for morethan half of its existence. Since military plays adominant role in power politics, a major portionof the budget is spent on defence expenditures,leaving very little amount for social sectordevelopment i.e. health, education etc.Pakistan itself is highly indebted with foreign aswell as domestic loans and following excerptsfrom a report depicts a true picture:

Just as generations of peasants have beenenslaved by their debts, so has Pakistan. Withinternational debt accumulated to around US$35 billion, and with the IMF and World Bankwatching and ordering Pakistan's each andevery economic and political move, the term"independence" seems to have lost much sig-nificance in modern day Pakistan28.

Pakistan is one of the under developed coun-tries in the world; falling down to 139th posi-tion in Human Development Index of 179 coun-tries29. Pakistan even ranks below all the otherSouth Asian countries in the report whichmeasures the progress of the nations on keysocial, economic, educational and humandevelopment indicators. It is also the sixthlargest country in the world with estimatedpopulation of 160 million in 200730 with a weakeconomy and high population growth.

18

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

Gender and bonded labour

Women and children are integral part of afamily structure and cannot be separat-

ed from the sufferings of bonded labourers. Inmany cases they are the worst victims of themenace of bondage because of their vulnera-bility.

In agriculture, Haris work along with their fami-lies on lands where men, women and childrenshare the work. In case of bonded labour, theentire family is considered to be in debt andeach member of the family has to work to pay itoff. In many cases women and children arecompelled to work at the homes and autaq ofthe landlord besides tilling the land.

A brick kiln worker or Hari may approachemployer or landlord of his free will and offer tosell his labour but the bonded labour systemextracts forced labour from all members of hisentire family who lose their freedom along withhim. The entire family falls victim to an illegalcompact31.

Women, being at the lowest rung of social andfamily hierarchy, become even more vulnerableand fall victims to physical and sexual abuse.Survey reports32 on released bonded labourersreveal that women of bonded labourers areoften sexually abused by zamindars. Often theyare also kidnapped particularly in cases whenthe Haris are released through intervention andleave the confines of zamindars and kiln own-ers.

Different survey reports, including one by AsianDevelopment Bank33, indicate that majority ofthe population lack basic amenities in the dis-tricts where bonded labour prevails. One quar-ter of the survey respondents lived in Jhupris(makeshift huts). The survey also revealed thatthe female literacy is less than 10 percent andover 82 percent of school-age children do notgo to school.

Field surveys in different districts in Southernand Central Punjab reveal that the women

workers in brick kilns are under double burdenand stress. They do heavy physical work at boththe kiln sites and at home. The psychologicaleffects of isolation, heavy work and loss of dig-nity are severe.

Women in bondage are dually disadvantaged,first for being women workers in a Pakistanisociety and secondly as bonded labourers. Theyare not only exploited by employers or contrac-tors but by their own men as well. A number offemale workers shared their woeful stories ofhow they have been beaten up by their men andhow commonly their share in income is usurpedby male family members.

Reproductive health issues of bonded womenalso multiply as they have fewer opportunitiesto consult a doctor. Stories of bonded womenworkers are gloomy and worrisome as manywould tell that they go to work on the very thirdday after delivering a baby and that as there areno toilets at home or work so they go into bush-es to relieve themselves with threats of insect orsnake bites or fear of men lurking around.

Interventions and Rehabilitation

Pakistan's foundations were laid on muchbloodshed and human sufferings as a

result of mass migration in the wake of the par-tition of the Subcontinent in 1947. The countryspent the first two decades in the process of ini-tial rebuilding and overcoming the trauma ofthe partition. Despite bloodshed and numerousother problems, the leadership of the newcountry tried to sooth the wound by asking thepeople to bear the problems because theyhave, at least, achieved a country of their ownwhich they portrayed can solve all their prob-lems.

"This is a country where you (Muslims) can livea free life according to your religion. You are afree nation now, out of the slavery of British andHindus," the new nation was told.

But the promise of freedom was rhetoric and assoon as people came out of 'freedom' mania

19

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

many of them realized that they might havebeen freed from British Raj and dominance ofHindu landlords/capitalists and seth, yet manyof them had been made slaves by their own reli-gious fraternity and they were still living thelives of subjugation no less that of slaves.

The country, which saw active political debate,discourse and movements in the wake of mili-tary regimes34, also generated a debate onforced or bonded labour during the same peri-od. The term bonded labour was first used inPakistan in the brick kiln sector and the matteracquired prominence in public discourse in the1960s35.

Despite the fact the menace of forced labourwas highlighted in 1960s, it took two moredecades to different actors, including theIslamic state which promised equality and jus-

tices for all36, to actually intervene in the mid1980s in the brick kilns case. By the time thediscourse on forced labour had extended toagriculture sector, where Haris were forced towork on lands against advances paid to themfor purchasing of seeds, fertilizers and otherinputs for cultivation of crop and for emergency,family or personal needs.

Since then there has been a number of inter-ventions for release and rehabilitation of thebonded labourers, particularly in agricultureand brick kiln sectors. The major interventionshave been on the part of government, judiciary,civil society (non- governmental organizations),international organizations, human rightsgroups, labour rights groups and peasantorganizations, while political parties, commu-nity organizations, media and individuals havealso played an active role.

20

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

Although the courts have been providingrelief to the affected individuals at alimited scale, particularly to those whoapproach them, the historic interven-

tion by the Supreme Court on 15 March 1989had lasting effects on the release of bondedlabour.

Brick kiln

The first major intervention in forced labourwas carried out by the highest judiciary - the

Supreme Court of Pakistan - in the brick kilns37.The judgment of the Supreme Court on March15, 1989, the pioneer in judicial intervention,set the stage for other interventions in theforced labour.

In 1988 a Supreme Court bench comprisingJustice Mohammad Afzal Zullah, Justice JavedIqbal and Justice S. Usman Ali Shah heard aconstitutional petition (01/1988), filed byDarshan Masih alias Rahmatay and others v/sState. Besides, the state consul and the repre-sentative of the government, the court alsoheard representatives of Bhatta (brick kiln)Mazdoor Mahaz (Brick Kiln Workers' Front),Bhatta Owners' Association and other civilsociety actors. During a year long proceedingsdetails of gross injustice were brought beforethe court for the first time, establishing themalaise of bonded labour as a crucial nationalissue at the highest level, which till then was amatter taken for granted.

The court decision did not come out as desiredby human rights and labour rights activists, itwas rather an agreement between different par-

ties, which was signed in the shape of an orderof the Supreme Court on March 15, 1989. Yet,bonded labourers and their well-wishers withinthe civil society welcomed the verdict as theyhad been waiting for any relief.

The major thrust of the verdict was that thecourt declared all peshgis (advances) of morethan seven days wages illegal and alsodeclared use of coercive methods for recoveryof the loan from workers as unlawful. Thoughthe court in its observation asked the govern-ment to explain the term "forced labor," itlargely accepted the relation between debt andbondage while terming the advances as illegal.

In two other cases heard and decided byFederal Shariat Court and the Supreme Court in2005 and 2006 respectively, the courts byrejecting the plea of brick kiln owners concededto the general view of labour and human rightsactivists that bondage is very much prevalent,particularly in agriculture and brick sectors

where workers are often in forcible confine-ment. The courts also directed the governmentto take measures for eradication of bondedlabour and implement relevant laws. However,

21

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

Judicial InterventionsCHAPTER THREE

not much was done in effect on part of the gov-ernment to implement the court directives.

Federal Shariat Court in its judgment dated 10October 2005, dismissed eight petitions filedby brick kiln owners in which they have chal-lenged certain provisions of Bonded LabourSystem (Abolition) Act 1992 as repugnant toIslam. The Court in its judgment expressed con-cern over the deplorable conditions of bondedworkers both in brick kilns and agriculture anddirected that a copy of the judgment should besent to the Labour Ministry and other relevantministries for necessary action.

A year later, on 20 October 2006, SupremeCourt Chief Justice Iftikhar MuhammadChaudhry along with Justice MuhammadNawaz Abbasi set at liberty 18 brick kiln work-ers who were recovered from illegal confine-ment of a kiln owner by District Police Officer(DPO) Muzaffargarh. The superior court alsoexpressed its displeasure that the practice ofbonded labour continues in violation of earlierjudgments and law. The Supreme CourtRegistrar on 2 December 2006 dispatched theorder to the provincial chief secretaries of allprovinces in which the Supreme Court asked foradoption of a mechanism under which brickkilns are registered and the owners maintainregular record of workers employed by them.The court also suggested that the chief secre-taries should launch a campaign to controlbonded labour in their provinces.

Despite these clear directives from the superiorjudiciary, the officials paid little attention to theissue and as a result bonded labour, especiallydebt bondage, is continuing in a number ofbrick kilns and peshgis are norm of the day inthe industry even 20 years after the SupremeCourt declared it illegal.

In addition to these major verdicts and generaldirectives to administrative authorities, courtshave provided relief to a number of bondedlabourers both in brick kilns and agriculturesector.

For instance, in a decision, a civil judge inPunjab, in December 1990, fined two kiln own-ers of Rs. 12,000 each for filing a false caseagainst two kiln workers alleging that the work-ers had received advances. In another case amagistrate in Gujrat, another city of Punjab,raided a kiln and found 23 persons, includingchildren, working under bondage38.

In 1995, Lahore High Court (LHC) orderedrelease of 25 persons who were bought by akiln owner for Rs 20,000 from a contractor.During the same year the court got a motherand her daughter released from a birck kiln andsent them to the state-run women shelter DarulAman when the two woman filed a petition thatthey were being kept in bondage though theyhad repaid the loan to the owner of the brickkiln39.

An analysis of HRCP annual reports from 1990to 2007 reveals that LHC handled many casesof bonded labour and provided speedy reliefduring these years. It was noted that followingthe encouraging court attitude and supportfrom human rights groups more and more peo-ple sought help from Lahore High Court and thenumber of workers released rose to hundreds.

Statistics based on the HRCP annual reportsand newspapers show that about 3,486 work-ers were released from bondage, mostly inPunjab, through court intervention during thelast decade. More specific data shows that infive years (2000-2004) Session Courts inPunjab handled 143 cases of bonded laborersfiled under habeas corpus (section 491 Cr. PC).In 87% cases, courts provided relief to workersby setting them at liberty40. These statisticsshow mid level judiciary's active and positiverole in dealing bonded labour menace. Highpercentage of cases decided in workers' favourestablishes the fact that exploitation of workersis rampant..

Lahore High Court in a specific period of 26months (2003 to 3rd March 2005), dealt with

22

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

322 cases of bonded labour under habeas cor-pus petitions, and a majority of cases (66%)were decided in favour of workers. In mostcases, bailiffs, sometimes accompanied bypolice, were sent to recover the workers. Insome cases workers were found in inhumanconditions. For example, after a LHC bailiffrecovered 32 bonded labourers from brick kilnsnear Islamabad, it was discovered their captorshad sold the kidneys of five of the workers41. Agriculture

In agriculture sector, judicial intervention,inspired by the Supreme Court verdict of

1989 on bonded labourers in brick kilns, hasmostly been the result of human rights activismand media coverage of the issue since early1990s. In the late 1980s, civil society actorsbrought the issue of bonded labour in agricul-ture in Tharparkar, Mirpurkhas, Badin, Sangharand Hyderabad districts of Sindh into limelight.The HRCP formed a Task Force, which got thebonded labourers released from the clutches ofthe abusive landlords.

At several occasions, HRCP and other organiza-tions went to court for release of bondedlabourers. The petitions were mainly filed underhabeas corpus and the courts, taking notice,sent bailiffs who released Haris, many of themliterally bound in chains.

Besides addressing the petitions filed byhuman rights groups, Sindh High Court (SHC),Hyderabad Bench, converted simple applica-tions into petitions and got many Harisreleased. For example on November 29, 2001,the court freed 105 Haris, who were producedbefore the court by the police from the posses-sion of different landlords on court orders. Theywere brought from Sanghar and Mirpurkhasdivisions. The court allowed them to go wherev-er they like and live a free life. Earlier on July 6,the same year, the SHC Judge Justice FaizMohammad Qureshi freed 81 Haris. Two Haris,Chando and Mano Bheel had filed petitions inthe court submitting that the landlord Sain BuxKalhiyar in Tando Allahyar and Mir Hayat Talpurof Taluka Digri had confined their family and

community members. They further stated thatthe landlords had restricted their movementsand were forced to work. On the court noticethey all were produced before the judge who letthem to go according to their will.

Besides, the High Court Sub DivisionalMagistrates (SDMs), who before 2001, hadjudicial powers, also helped in the release ofmany Haris. They mostly acted on written appli-cations filed by the bonded labourers them-selves or by human rights groups. The SDMs onthe written request of HRCP acted and got manyHaris released.

In January 1999, two SDMs, along with thepolice, raided the land of influential landlordsand released 36 and 13 Haris respectively fromSanghar and Umerkot areas42.

During the same year an SDM along with theHRCP Task Force Hyderabad recovered 58bonded haris from the private jail of landlordAtta Mohammad Hingorjo. In March same yearthe SDM Khipro busted another jail of SabirKhetar and recovered 60 bonded workers43.

In November 1999, on the order of SHC, about50 Haris were recovered from the private jail ofa landlord Allah Dino Mehar, who happened tobe a retired Deputy Inspector General (DIG) ofPolice in Mirpurkhas. They had been in the cap-tivity of the landlord since 199444.

In the absence of Hari courts, the SHC was theonly ray of hope for Haris, particularly those inbondage, as Session Courts were not author-ized to hear the cases of habeas corpus untilrecently when Session Courts started hearingcases of bonded labourers.

After a number of court decrees issued in favorof bonded Haris under which hundreds werereleased, some of the later verdicts of SHCcame as a great disappointment to bondedlabourers and human and labour rightsactivists as they went against Haris. Humanrights activists blamed poor understandings of

23

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

the issue by some members of judiciary as themain reason of such verdicts.

Legal experts and human rights activist whilecriticizing the complicated and weak judicialsystem say that by the time court bailiffs reachto the places mentioned in the petitions forrelease of the bonded labourers, the localauthorities inform the landlords who shift thelabourers to other places but the court consid-er the claim of the petitioner as false. This waythe victims are further victimized. Most of thecases in the courts have been filed underhabeas corpus instead of bonded labour lawand ended at release of the labourers but nofurther action is taken against the powerfullandlords.

The worst decision against bonded labourerscame on January 9, 2002 when a SHC benchdismissed about 90 petitions pending at thecourt for two years for release of Haris45.

The decision was challenged in the SupremeCourt by the HRCP through former Law MinisterIqbal Hyder who pleaded before the court thatSHC did not consider the Bonded Labour(System) Abolition Act 1992. The final decisionwas awaited at the time of finalization of thisreport.

In some cases the court decisions haveremained mixed and confusing: in petitions ofsimilar nature the courts sometimes providerelief to the bonded labourers while in othercases they have been further victimized. Thisattitude can be linked to the mindset of thejudges and the legal support available to thecomplainant, besides political power and influ-ence of the accused landlord.

For instance, Lahore High Court had released12 family members from forced labour inDipalpur in 1993. But later the same court inanother petition filed for recovery of bondedfamily from the farms of a zamindar, ruledstrongly against the petitioner, Allah Ditta, andtermed the petitioner as cunning and a black-

mailer46.

In another verdict a Session Court inHyderabad in 1999 dismissed a petition of aHari against landlord Ghulam Hussain and hisfive men. The Judge ruled that the peasantslacked sufficient evidence to prove the allega-tion whereas the fact was that contingents ofArmy and Rangers in the presence of aMukhtiarkar of the area, raided the private jailof the mentioned landlord and got released349 Haris from there. The case was decidedafter seven years47.

There is strong observation that the court deci-sions on bonded labour mostly depend on thebackground of the judge who is hearing thecase. Unfortunately many judges are not sensi-tized on bondage. Those who have betterunderstanding of human rights provide relief;others simply do not. It is also a fact that themembers of judiciary are drawn from the lawyercommunity and since human rights was notincluded as a subject in the curriculum of theLaw Colleges--till few years ago when it wasadded-- many remain unaware of the conceptsof the human and labour rights.

Despite a few disappointing court verdicts,including dismissal of a bulk of petitions in1999, the courts have continued to interveneand release bonded Haris.

In the years 2000 and 2001, about 2,200 hariswere released through intervention of SHCHyderabad Bench alone after they were pro-duced in the court following notices served tothe police officials and the landlords detainingHaris on agriculture lands48.

A total of 5,687 and 2,71549 bonded labourerswere released through judicial intervention inthe agriculture and brick kiln sectors respec-tively during last 15 years.

Carpet weaving

Article 11 (1) of the Constitution of Pakistanforbids slavery and states that no law shall

24

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

permit or facilitate its introduction intoPakistan in any form. Article 11 (2) prohibits allforms of forced labour and traffic in humanbeings. Article 11 (3) prohibits employment ofchildren below the age of 14 years in any facto-ry or mine or any other hazardous employment.Also, Article 37 stipulates that it is the respon-sibility of the state to "make provision forsecuring just and human conditions of work,ensuring that children and

The first piece of legislation exclusively formu-lated on child labour is the Employment ofChildren Act 1991. The Act is critiqued as moreregulatory than prohibitive. The NationalCommittee on the Rights of the Child was set upunder this Act to advise the government andexpand the schedule of occupations restrictedfor child work if and when required. Initially 29occupations were declared hazardous for chil-dren. The list was expanded in December 2006to 39 occupations. The civil society is advocat-ing to further expand the list i.e. include childdomestic labour in the list of hazardous occu-pations.

The Bonded Labour System (Abolition) Act,1992, abolishes the bonded labour system withimmediate effect and declares all bondedlabour free and discharged from any obligationto render any bonded labour, or any form offorced labour, or payment of debts. The Act pro-hibits any person from extracting labour underforced conditions from anyone.

The Prevention and Control of HumanTrafficking Ordinance 2002 applies to all chil-dren aged less than 18 years and makes pun-ishable the acts of recruiting, buying or selling aperson, with or without consent, by use of coer-cion, abduction, or by giving payment or sharefor such person's transportation for exploita-tive entertainment.

There is no major judicial intervention specificto carpet sector on record, however, generalcourt verdicts in bonded labour equally apply toall sectors employing bonded labourers. In

case of carpet weaving release and rehabilita-tion of children have come through social sec-tor interventions such as TRDP intervention inTharparkar which is discussed in detail in thecoming chapters and also separately in thereport on carpet sector50.

25

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

26

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

State intervention for release andrehabilitation of bonded labourershas remained halfhearted and inmany instances the government

actions had been contradictor y to theConstitution, its own commitments, lawsand the ratified international conventions.

The first practical state intervention forrelease of the bonded labourers can betraced in mid-1980s in Punjab in the wakeof court orders and growing demand byhuman rights activists for the release ofbonded labourers in brick kilns.

Police accompanied by the court bailiffsgot the bonded people released. TheDistrict Magistrates known as (DCs) andSub Divisional Magistrates (SDMs)51 whoheld both administrative and judicial pow-ers before the 2001 devaluation of powerplan, issued orders for release of the bond-ed labourers on complaints filed by familymembers or human rights activists.According to a study52 in a few cases,District Magistrates had forcibly freed theHaris from private jails.

In 1992 the State also moved to enact alaw in the wake of the 1989 Supreme Courtverdict and asked the government to takenecessary steps to end the bonded labour,and also define the term "forced labour."Formulation of the specific law was thefirst major inter vention on par t of thestate.

Bonded Labour System(Abolition) Act 1992

During the government of the influentialindustrialist Mian Nawaz Sharif, the parlia-

ment passed a new law known as "The BondedLabour System (Abolition) Act"; which cameinto force on March 17, 199253. According tothe law, the bonded labour system stood abol-ished throughout the country (Section 4(1) ofthe Act).

This was a major legislative initiative on part ofthe state of Pakistan, which for the first timeaccepted the existence of bonded labour at ahigher level and a law was made to bring it to anend. Earlier, most of the governments haddeclined to accept the reality that bondedlabour existed in many sectors in the country,leave alone making any law for the abolition ofthis contemporary form of slavery.

Though Supreme Court decision and risinghuman rights activism in the country were driv-ing forces in moving the government to bring inthe law, the ILO also pushed the government toact accordingly. In 1991, ILO's annual confer-ence at Geneva noted that Pakistan needed tobring its laws in conformity with Convention 29on the abolition of forced labour to which it is asignatory.

The law, which first time defined "bondedlabour system" in the country, also has com-prehensive provisions to bring this vicious cycleto an end.

27

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

State InterventionsCHAPTER FOUR

"All the customs, traditions, practices and allcontracts and agreements or other instrumentswhenever executed, under which any person, orany member of his family was required to workas a bonded labour, became void and inopera-tive."

The law made any kind of forced labour includ-ing debt bondage a cognizable offence punish-able with imprisonment ranging from 2-5 yearsor with fine up to Rs. 50,000, or both. The lawsalso made mandatory the formation of DistrictVigilance Committees (DVCs) for implementa-tion of the law and also to facilitate rehabilita-tion of freed labourers.

Unfortunately, frequent changes in govern-ments and lack of seriousness on the part ofthose at the helm of affairs, delayed the imple-mentation of the law and it took three years tonotify Bonded Labour System (Abolition) Rulesin July 199554. The rules have provision ofestablishment of a fund for rehabilitation andwelfare of freed bonded labourers.

National Policy and Plan ofAction (NPPA) 2001

Ironically, it took the government another sixyears to come up with National Policy and

Plan of Action (NPPA) for abolition of bondedlabour and rehabilitation and release of bond-ed labour in 2001. The policy is credited toefforts of late Omar Asghar Khan, the thenLabour Minister during the regime of GeneralPervez Musharaf.

The NPPA envisaged long and short term meas-ures to bring bonded labour to an ultimate endand as well relief package to provide assis-tance in the form of housing, food, and basicamenities, including education to the childrenof released Haris living in makeshift camps.

Besides training of officials, formation andactivation of DVCs, creation of a high levelNational Steering Committee for the Abolitionof Bonded Labour and Rehabilitation of freedbonded labourers, the NPPA also has the provi-

sion for resources. The first meeting of NationalSteering Committee was held on January 30,2004, three years after NPPA was approvedwhich again creates doubts about the serious-ness of the concerned authorities.

In April 2000, the government created a fundcalled "Fund for education of working childrenand rehabilitation of freed bonded labourers(BLF)," with an initial amount of Rs 100 milliondonated by Bait-ul-Maal. Despite the NPPAand the creation of the fund the freed Haris areliving in subhuman conditions in camps aroundHyderabad (Sindh). Money has not been usedon the rehabilitation of those released frombondage. Though the formation of district vigi-lance committees (DVCs) in all the districts wasmandatory according to the Bonded LabourSystem (Abolition) Act, 1992, formation andfunctioning of the committees have not beeneffective as there is hardly any DVC interventionon record.

In 2004, the provincial governments of Sindhand Punjab notified formation of VigilanceCommittees in about 18 districts betweenJanuary to July 2004. But effective functioningof the committees is still a big question mark asexcept a couple of DVCs rest of the committeeshave not been able to convene even initialmeetings.

Police Intervention

During the military operation in Sindh inDecember 1992, the military authorities

rescued 288 haris from bonded labour campsrun by an influential landlord Ghulam HussainKhokhar in Taluka Tando Allahyar in districtHyderabad55.

Three accused landlords were arrested butimmediately released on bail. Later, it becameobvious that the military action was ratheraimed at the specific landlord rather than get-ting bonded labourers freed.

Police, the primary law enforcement agency inthe country, have been reluctant in taking any

28

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

direct action to free bonded labourers. It hasmostly acted either on court orders or on theorders of Deputy Commissioners in the past.For instance, the Police released 33 workersfrom a kiln in Gujranwala on the orders ofLahore High Court. But police also refused toregister the case of 25-year-old young man whowas tortured by kiln owner on the account thathe asked the owner to pay official wages.

On many occasions the police failed to dis-charge their duties leave alone any effectiveinterventions for the release. In May 2004, alandlord from whom a number of haris werefreed, re-kidnapped 13 haris from campsaround Hyderabad. Though they were releasedafter human rights organizations' strongprotest, no action was taken against the cul-prits despite the fact that three FIRs werelodged against them56.

It seems there is division within the governmenton the issue of bonded labour, depending onthe background of those at the helm of affairs.In 1996 a group of influential landlordslaunched a campaign against those helpingrelease of bonded labourers and branded themas agents who were converting Muslims andnon-Muslim Haris in to Christianity. As conse-quence of this campaign Syed QamarzamanShah, a big landlord, who represented SindhAbadgar Board and Sindh Chamber ofAgriculture called upon the then Chief Ministerof Sindh Abduallah Shah, himself a landlordfrom Dadu to stop the raids and ultimatelyprovincial government withdrew support of thework on release of Haris57.

The effectiveness of state intervention can begauged from the fact that in 12 years since thelaw was enacted in 1992, a total of 23 caseswere detected under Bonded Labour System(Abolition) Act and the fine collected during thisperiod was Rs 6,100 only. Of the 23 cases 12were detected in Punjab and 11 in Sindh andfine collected in Sindh was Rs 100 and inPunjab Rs 6,000 during this period58. These fig-ures themselves speak of government's lack of

seriousness and implementation of the law,though a large number of bonded labourers arereleased during this period through courtsunder habeas corpus petitions and NGOs'intervention.

National Policy and Plan of Actionfor Combating Child Labour

National Policy and Plan of Action forCombating Child Labour (NPPA-CCL) was

formulated in 2000 to initiate phased elimina-tion of child labour and eradicate the worstform of child labour. The NPPA-CCL has beencriticized for being centralized, poorly-funded,over ambitious and for achieving little till todate. The plan was reviewed in 2007 and thereport is still due.

International Covenants andConventions Ratified by Pakistan

Pakistan has ratified the related ILOConventions, i.e., ILO 1930 Forced Labour

Convention (No. 29) and the ILO 1957 Abolitionof Forced Labour Convention (No. 105), whichwere ratified after long gaps in 1957 and 1960respectively. The ILO Minimum Age Convention(No. 138) 1973 was ratified after 36 years in2006. The ILO 1999 Convention on the WorstForms of Child Labour (No.82) was ratified in2001. The ILO conventions and internationalcovenants are not legally binding on the ratify-ing country but indicate a government's com-mitment to formulation of new laws or bring theexisting laws in conformity with the standardsspelled out, and to follow the committedreporting and complaint mechanisms. Theinternational standards can only be used to putmoral pressure on the governments to formu-late policies and legislation and implement thesame.

Besides ILO conventions, Pakistan also signedthe UN Convention on Abolition of Slavery in1957 and ratified supplementary convention inMarch 1958, which also became the basis forcampaign against bonded labour.

29

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

Pakistan also ratified the United NationsConvention on the Rights of the Child (CRC) in1990. Pakistan sent its first CRC report to theUN in 2000. This Convention is the only inter-national human rights treaty that expresslygives NGOs a role in monitoring its implemen-tation under the Article 45a.

Government Welfare Schemes

Zakat and Baitul Mal

The Zakat and Ushar system implementedthrough an ordinance in 1980 collects fund

at 2.5% annually of all the declared assets ofMuslims. This amount is spent on social welfareand distributed among needy and poor. In year2004, estimated Rs 10 billion were distributedamong 1.5 million poor Pakistanis59.

Pakistan Bait-ul-Mal is another welfare schemeestablished in 1992 aimed at providing assis-tance to those who are excluded from Zakat,i.e. religions minorities and other socially andfinancially weak groups.

The two schemes, Zakat and Bait-ul- Mal, areaimed at providing financial help to poor andneedy particularly widows, handicapped andold. These schemes also provide cash to pooras a support for dowry for marriage of theirdaughters and some grants for study and otherpurposes. These schemes are suitable for work-ers in bondage and an honest evaluation oftheir financial situation leaves no doubt thatthey deserve benefits from these schemesmore than anyone else. These schemes canalso effectively help improve the conditions ofworkers and in many cases can save them froma situation which turns in to bondage. However,these schemes are not benefiting bondedlabour. Majority of Muslim brick kiln workersknow of Zakat but have no access to this fund.

Ghulam Sarwar, 50 a brick kiln worker inMultan deserves grant from Zakat fund. He issuffering from arthritis and cannot work. Theearnings of his three children and wife, arehardly enough for two square meal. He needs

money for his treatment which can be providedfrom Zakat fund. However, the local Zakat coun-cil's chairman has refused to help him. "Herefused on the ground that I don't belong to hisconstituency, though I am from the same dis-trict," he said.

About 70% of the respondents do not possessNational Identity Cards (NIC), hence do notqualify for enrollment in voters' list thus losepolitical power of a registered citizen. They areof no use to local political groups just becausethey do not have votes. Of the remaining 30%,who had the NICs have not accessed the newcomputerized ID cards. Lack of access to com-puterized NICs and exclusion from the voterslists make them politically weak, leaving themvulnerable to exploitation.

Sasta Atta Scheme(low cost flour scheme)

The Punjab provincial government ran ascheme during 2004-05 to provide flour to

poor people at discounted rates. The schemewas launched to help poor who were facinghardship due to rising prices of daily use com-modities. Yet the scheme did not benefit brickkiln workers. The workers had knowledge of thescheme as it was being advertised but were notincluded in the list of beneficiaries developedon recommendations of Union Council (UC)Nazim. The workers were also excluded on thepretext that they were not permanent residentsof the same UC. Since they live on the site, andare migrants at times from the same or otherdistrict, they are not considered as local com-munity.

Parha Likha Punjab (Educated Punjab)

The much-publicized scheme was aimed atincreasing the enrollment of children par-

ticularly in rural areas. Unfortunately, thisscheme did not offer anything to the children ofbrick kiln workers. The overwhelming majority(88%) of the brick kiln workers and their fami-lies are illiterate with only 12% semi-literatewith five years of schooling.

30

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

At a brick kiln near Multan, a young brick kilnworker broke down a black and white TV - theonly costly asset in his home followed by anadvertisement. He did so soon after an adver-tisement of "Parha Likha Punjab" saying that"if his son cannot go to school, what the hellthis Parha Likha Punjab will do." He has twochildren who do not go the school but roamaround the work site as the man and his wifemake bricks.

31

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

32

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

International organizations particularly theInternational Labour Organization's (ILO)efforts had been instrumental in movingPakistan government to take measures for

elimination of the menace of the bonded labourin recent years.

Though bonded labour is prohibited under theConstitution of the country, ratification of ILOConvention by Pakistan60 provided a ground tohuman rights and labour rights groups todemand the government to comply with inter-national laws and conventions. These specifiedILO conventions have made the signatory coun-tries bound to eliminate forced or compulsorylabour.

The ILO has been instrumental in the driveagainst bonded labour in Pakistan and besidesproviding support to local organizations for therelease and rehabilitation of bonded labour, ithas continuously pushed the Pakistan govern-ment to take necessary measures for elimina-tion of bonded labour. It is also noted that theBonded Labour System (Abolition) Act 1992was also the result of the ILO pressure61 onPakistan government.

The ILO claims that its Special ActionProgramme to combat Forced Labour (SAP-FL)is providing technical assistance to support theMinistry of Labour (MoL) and its partners toimplement the National Policy and Plan ofAction62.

The ILO has also supported a number ofresearch studies on bonded labour. It helped

establishment of Bonded Labour ResearchForum comprising eminent social scientistsand researchers and sponsored a number ofstudies. However, the forum has been renderedineffective after first round of rapid assess-ments in 2003.It is running a joint project withNational Rural Support Programme (NRSP) foreducation of the children of released bondedlabourers in different camps in Hyderabad. Ithas also supported another project of NRSPunder which housing is provided to releasedbonded labourers in a camp near Hyderabad.

The ILO also has a special programme on bond-ed labour "Promoting the Elimination ofBonded Labour in Pakistan (PEBLIP)". The pro-gramme completed its first phase in 2007,under which the ILO provided technical assis-tance to the Ministry of Labour (MoL), capacitybuilding of government officials and judiciary,and published a series of awareness materials.

Among other international organizations,Action Aid had supported different projects oflocal organizations providing services toreleased haris in Sindh. .

National Organizations and LocalNGOs (Agriculture)

Besides international organizations, manylocal NGOs with or without foreign support

have intervened in the bonded labour.Awareness on bonded labour issue is the resultof the work of these organizations.

The Human Rights Commission of Pakistan(HRCP) is pioneer in civil society interventions

33

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

Civil Society InterventionsInternational Organizations/NGOs

CHAPTER FIVE

for the release and rehabilitation of bondedlabour both in agriculture and in brick kiln inSindh and Punjab respectively. TheCommission is the sole organization which hasgot the largest number of Haris released fromthe bondage in agriculture.

The HRCP Task Force based in Hyderabad hasbeen active civil society initiative, which notonly gets the bonded labourers freed but alsohelps them in rehabilitation. It has bought 16acres of land in Housri (Hyderabad) where freedharis are rehabilitated and provided land forshelter. The Commission has directlyapproached the courts and filed many writ peti-tions for the release of bonded labourers andalso helped them in court proceedings. TheCommission is one of the strongest advocateson the issue of bonded labour.

The Commission through its special Task Forcebased in Multan helps the victims of humanrights violation including bonded laborers. TheCommission is not running any special projector programme but it provides help in legal mat-ters to those workers who approach it withcomplaints of confinement and forced labour.The HRCP has helped many brick kiln workersfor their release. Most of these workersapproached the organization through localactivists. The Commission, as a policy did notprovide any shelter or any other rehabilitationfacility to brick kiln workers in Punjab. However,it creates awareness on the issue.

In early 1990s, the Church also intervened andgot many haris released. They were taken to arehabilitation camp run by a Church at Matli, asmall town in district Badin. But as the Churchwithdrew its intervention in bonded labour aftersome landlords and religious clerics allegedthe Church for converting Hindus and MuslimHaris into Christianity.

In Sindh, besides the HRCP, two NGOs--Bhandhar Hari Sangat and Green RuralDevelopment Organization (GRDO)--are activein intervening in bonded labour. The GRDO was

running schools for the children of the releasedharis in Hyderabad with the support from theAction Aid.

The efforts of these organizations are bothdirect, i.e. facilitating release and rehabilita-tion of bonded labourers both in agricultureand brick kilns sector and indirect that is, cre-ating awareness on the issue through seminars,workshops and conferences.

Pakistan Institute of Labour Education andResearch (PILER) Karachi is also among the keynational organizations which had played animportant role particularly in policy advocacy,which resulted in the enactment of BondedLabour (System) Abolition Act-1992 and in theformulation of National Policy and Plan ofAction 2001. It has remained involved in advo-cacy campaign against bonded labour at alllevels. Besides, PILER had done six researchstudies and prepared papers highlighting theissue of bonded labour and emphasizing itsneed63.

In 2005, Trocaire, an Irish organization cameup with a bonded labour programme inPakistan and has been supporting a consor-tium of NGOs with individual projects targetedto bring an end to bonded labour. Trocaire-sup-ported group of organizations include, GreenRural Development Organization, BhandharHari Sangat, Justice and Peace Commission,Marvari Development Organization, Society forthe Protection of the Right of Child and PILER.This is first ever major, one time intervention ofNGOs in the issues of bonded labour as a num-ber of organizations are simultaneously work-ing on same issue through their individual proj-ects. As part of the initiative, a NationalCoalition against Bonded Labour has beenformed which is also being supported by theILO. This initiative has not been analyzed indetail in this study and requires separate analy-sis once it completes cycle of first projects in2009.

Though not all NGOs have taken up the issue of

34

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

bonded labour, majority of the right-basedorganizations are against the practice and haveraised this issue at different levels.

National Organizations and localNGOs (Brick Kiln)

Besides major national organizations,Bonded Labour Freedom Front (BLLF)64, All

Pakistan Federation of Labour (APFOL), Justiceand Peace Commission and other small organ-izations in Punjab have also raised the issue ofbonded labour at different forums, conductedresearch and surveys on this topic and alsohelped in release of many bonded brick kilnworkers.

Justice and Peace Commission ofPakistan (J&P) Multan

This organization, affiliated with the Church,started working on bonded labor in 2004.

The Commission is running a project, funded byTrocaire, and seek to help bonded laborers inobtaining NICs. If successfully accomplishedthis could have long term impact on the condi-tions of these workers. The JPC also run schoolsfor children of kiln workers in and aroundMultan and also help formation of kiln basedunions.

Muttahida Bhatta Mazdoor Union

This fragile union of brick kiln workers is awork of activist Mohammad Hussain

Khokhar, son of an old trade union leader. Theunion is not a registered body. Hussain, with thehelp of a local journalist Imrana Komal, hasbeen helping brick kiln workers by highlightingtheir plight in the press and also helping themfile petitions through the HRCP. Press recordmaintained by Khokhar mentions a number ofworkers released through his help. He himselfdoes not know the whereabouts of the releasedworkers.

A number of respondents in Multan district saythe only person or organization they knew isKhokhar but they do not see any major inter-vention on his part. Interestingly many workers

during informal discussions said since theyknow that Khokhar himself is a poor man, theydo not trust that he can do anything for themand is able to fight with brick kiln contractorsand owners who are very influential, yet theythink he is a ray of hope and a helping hand indifficult times.

Bonded Labour Liberation Front(BLLF)

There is no NGO working on this issue inFaisalabad district at the moment. But in

the past some organizations had worked,helped bonded labour in release and left foot-steps of good practices. One such example isBonded Labour Liberation Front (BLLF). Formedin early 1990s, it emerged as pioneer in takingup the issue of bonded labour. The organizationwork halted after it was split in different fac-tions and one of its leaders took political asy-lum in Sweden.

Brick kiln workers in a shanty town known asEssa Nagri near Faisalabad say their childrenused to go in schools established by BLLF in thehomes of brick kiln workers. The organizationwas running about 20,000 schools at one timein the province of Punjab including mobileschools, a former incharge of the projectclaims65. There were about 22 schools run byBLLF in Faisalabad district alone, one of themat Essa Nagari.

Brick Kiln workers and activists say that aware-ness created by the NGOs in Faisalabad hasresulted in reduction in torture by brick kilnowners. "BLLF had an office in Faisalabad andthat office was a beacon of light to workers. Wecould go there any time and seek help, includ-ing legal aid, if we wanted to go to courtsagainst the employer. It had a lot of impact. Butunfortunate end of the organization left us vul-nerable again," says a kiln worker at SultanTown.

He says he himself got many people releasedfollowing the Supreme Court verdict in 1988with the help of BLLF. "I used to go to brick kilns

35

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

where I knew workers were in bad conditionsand abused by owners. We took their belong-ings on my donkey cart and brought them out.But unfortunately all they are back and living inthe same conditions because I don't have anyalternate to provide them, not even a shelter."

National Organizations and LocalNGOs (Carpet Weaving)

Thardeep Rural Development Programmeme(TRDP) is the major organization, which has

intervened in bonded labour in carpet weavingsector through its Child Rights ProtectionProject in Tharparkar district.

The intervention in child labour in the carpetindustry was among the earliest initiativesundertaken by TRDP as soon as it started work-ing as a local NGO in 1998. DFID-fundedProtecting the Livelihood of Working ChildrenProject was launched in November 1998 afterthe baseline survey was completed. The pilotproject phase (November 1998-2001)accessed 467 families in 45 villages andbrought out 1,107 children out of full time (9-10 hours) work, reduced their working time to 3hours and got them enrolled in primaryschools66.

TRDP's interventions in bonded child labouradopted a right-based approach focusing onthree crucial factors impacting the lives ofchild-weavers: community consciousness,livelihood, education and the attitude of largersociety. The tools used by TRDP included socialmobilization (to raise awareness and facilitatecollective mechanisms), education support (toprovide quality education) and advocacy (togarner wider support and replication).

The success of the pilot phase was followed bya four-year Child Rights Protection Project(2003-06). The project aimed to safeguard4,000 children from exploitative, hazardouslabour in carpet weaving and facilitate accessto 100% children to quality education. Theholistic approach included provision of microcredit to the families to facilitate sustainable

livelihood, improvement of education facilitiesand mobilizing the community to monitor childlabour67. By June 2006, 3,441 children werephased out from fulltime carpet weaving and ofthem 82% were enrolled in schools68. The workhours were significantly reduced from morethan 8 hours at the start of the project to 4hours daily in 2006.

Community Intervention

Intervention by the community, particularlyfrom within the bonded labourers has been

minimal. Given the socio economic vulnerabili-ty of the bonded labour, it was difficult for themto come forward and revolt against the stronglandlords but whenever they had the opportuni-ty they tried to break the chains: they justescaped from the lands and sought refuge athari camps in Hyderabad. Since most of thebonded labourers, those released and thosestill in bondage are schedule caste Hindus inSindh, their voice goes largely unheard in aMuslim majority state where injustice is ram-pant even for poor Muslims.

Majority of the bonded labourers are low casteHindus in agriculture in Sindh and in Punjabthose work on kilns are also from minorities(i.e. Christians) and are extremely poor so theyhardly had courage and means to revolt orintervene at a large scale.

Throughout the last decade bonded labourersboth in brick kilns and agriculture have organ-ized several major protest demonstrationsagainst injustice they were facing for decades.There are many examples in brick kilns as wellas in agriculture farms where bonded labourersescaped risking their lives and approachedhuman rights groups and courts for release ofthe remaining family members and relatives.

A major community initiative, particularly inagriculture sector, was the formation of AzadHari Union (AHU). It was formed at the conven-tion of liberated haris held in Mirpurkhas onSeptember 15, 200069. It was the first initiativewhere thousands of freed haris gathered at

36

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

"Hari Haqdar Convention" under the auspicesof HRCP and at the end of the moot theyannounced formation of AHU aimed at organiz-ing the people within the community to fightagainst the menace of bonded labour. The con-vention was followed by a massive rally led byMs. Asma Jehangir, well-known human rightsactivist.

Since then AHU has emerged as an initiativefrom within the bonded labourers particularlythose who have been freed during the last onedecade. It operates from informal officesaround the camps of bonded labourers and hasheld many demonstrations on the issue ofbonded labour. But the union depends on thework of HRCP and lacks the will and means forany independent initiative. The organization isinactive since the last three years.

Political Intervention

Direct political intervention in bondedlabour was very limited and short lived. The

first direct political intervention in bondedlabour was observed in Sindh in early 1990sfollowing the intervention of HRCP. A national-ist political party - Sindh Tarqi Passand Party(STPP),- then known as Jeay Sindh TarqiPassand Party-- headed by Dr. Qadir Magsidirectly intervened in bonded labour. The STPPsent its activists, with or without the help ofpolice to the lands of landlords and got harisreleased. The party, which at that time was anemerging nationalist force, had the power toface the big landlords and its intervention waseffective and speedy compared to those ofNGOs. While the NGOs had to wait for weeks forthe help of courts and police, STPP activistsdirectly went to the lands where haris wereforced to work and got them released. It hadalso set up a rehabilitation camp known asQadir Nagar in Hyderabad where released peo-ple were settled.

But this intervention was short-lived as theparty gave up this work un-announced afterlandlords alleged it for blackmailing. Theyalleged that the party is demanding money in

the name of bonded labourers. Besides, therewere also divided opinions within the party onthe issue of bonded labour as many nationalistactivists considered the issue of bonded laboura conspiracy to malign Sindhi culture, tradi-tions and also to destroy Sindh's already pooragro-economy.

The STPP was also alleged for using thereleased bonded labourers for its political pur-poses. A number of bonded labourers, particu-larly women, were used to be brought in thepolitical processions and demonstrationsorganized by the party.

It was the only nationalist party which not onlyaccepted the reality of the bonded labour inagriculture in Sindh but also intervened.Otherwise rest of the nationalist and otherpolitical parties of Sindh not only deny the exis-tence of bonded labour in the province but alsocriticized and opposed any intervention on thepart of human rights and labour rights organi-zations and termed it conspiracy against Sindhand an excuse to seek foreign funds.

Besides STPP, another small group of politicalactivists named Sindhi Sath also intervened inbonded labour issue. Newspaper reports showthat the organization raised the issue, helddemonstration and also helped released Harisin settling down in Hyderabad. Again this inter-vention was also short-lived and they aban-doned this work for unknown reasons.

The major national political parties haveremained quiet on the issue of bonded labour.Both the major political parties -- PakistanPeople Party (PPP) and Pakistan MuslimLeague (PML) remained unclear on the issue.

Feudal lords dominate both the parties andmajority of the cabinet ministers during theseregimes of the two parties were the big land-holders so there was no direct intervention onthe part of these parties as well as other mainpolitical parties.

37

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

Majority of the key members and office bearersof these parties do not accept the existence ofbonded labour but there are individuals withinboth the parties as well as among other partieswho have not only spoken against the bondedlabour but played their role in whatever actionthe governments have taken so far.

These parties, obliging international conven-tions, and also due to pressure from within thecountry by human right groups enacted lawsagainst bonded labour. PML made the BondedLabour (System) Abolition Act 1992 and PPPmade rules and regulation for the law in 1995.There is no other effective intervention on thepart of these two parties in eradication of bond-ed labour.

The religio- political parties like Jamiat- Islami(JI), which is also a major political force in thecountry, has also not intervened. JI has a sepa-rate labour wing and its trade unions are morepowerful in many public and private corpora-tions.

Role of Media trade union

During the last one decade media hasemerged as a powerful tool of information

and has played a role of a watchdog. In manyinstances media has been instrumental in mov-ing policy makers and government planners tomake pro-people policies. Media has played animportant role in spreading awareness ofhuman rights during the last decade and high-lighted many issues which were earlier ignored.In many cases, it was because of the media cov-erage that the authorities have taken someactions. Vernacular Sindhi press has played acrucial role In highlighting the bonded labourissue.

The media not only gave coverage to the storiesof bonded labourers but many journalists werethe part of rescue teams which went to thelands and freed bonded labourers. Humanrights activists70 confess that without the mediasupport their work of release of bonded labourcould not have been possible. Despite strong

opposition, Sindhi newspapers highlighted theissue positively. They published the stories onfront pages along with photographs, whichdrew the attention of authorities and alsoexposed a large portion of population to theharsh realities of the bonded labour.

Besides stories and follow-ups. The Sindhinewspapers published editorials, essays andfeatures. An analysis of the articles and storiesshow that media has been very sensitive on theissue and whatever action we see on the part ofgovernment today, media has a main part in it.

Though Sindhi media's role has been veryeffective, English and Urdu media have alsogiven appropriate coverage to the bondedlabour issue and has been part of the campaignfor release of the bonded labourers. Electronicmedia, which saw growth of private TV channelsin recent years, has started highlighting theissue of bonded labour.

Role of Trade Unions

Faisalabad city has good presence of tradeunions. The trade union leaders have tried

to form an association of brick kiln workers andsuch attempts have partially been successful.Interviews with leaders, activists and brick kilnworkers reveal that the presence of trade unionis helpful and can be considered as good prac-tice, yet it is very fragile. Though the unionclaims some successes on its credit, it is split infactions before it can have a major impact onthe situation of brick kiln workers. There arefour to five splinter groups.

Bhatta Mazdoor Mahaz

Activist Rafiq Fauji runs this organisationwithout any office and address and has

emerged as a powerful voice of laborers in gen-eral and brick kiln workers in particular. In hisviews, the situation of bonded labour and brickkiln workers is linked with over all labour rightsscenario and until federal government did notchange its policies, chances of improvementare very dim.

38

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

Bhatta Mazdoor Union

This is registered union of brick kiln workersin Faisalabad, registered in 1985 and

headed a veteran labor leader Aslam Wafasince 1987. He himself is not a brick kiln work-er but a trade union leader and head of a feder-ation, which has several affiliated unions..Theunion claims having 400 members--all brickkiln workers. But even this number is very smallgiven the number of brick kiln workers in thedistrict. The district has some 800 brick kilnswith thousands of workers.

The union takes credit for increase in wages.The union has several documents showing thatafter protests and negotiation by the union theowners enhanced the rate which were less thanminimum wage at that time. The union accept-ed and had an agreement on rates less thanthat of official minimum wage. The union presi-dent claims even this was good for brick kiln

workers. Others accused him of compromisingon workers rights and this led to split in theunion which is now splintered in to threegroups.

In Faisalabad, the brick kiln workers, particu-larly those working at kilns near the city, areintegrating themselves with workers in othersectors in recent years and there is more inter-action between industrial trade unions andbrick kiln workers. On May Days a number ofkiln workers join in the rallies organized by dif-ferent unions to commemorate Labour Day.Similarly, a number of kiln workers have partic-ipated the hunger strike camp of power loomworkers and participated in demonstrationsduring recent years. Though a small number ofkiln workers are associated in unions, they areactively engaging with other unions and that isa positive development.

39

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

40

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

Provision for rehabilitation is a part ofBonded Labor System (Abolition) Act,1992, for which funds have been allo-cated by the government. However, no

mechanism was spelt out hence stakeholdersfighting for the cause of bonded labour facedcrucial issues.

There is hardly any mechanism in place forrehabilitation of bonded labourers in Punjab ingeneral and in the two districts under study inparticular on part of organizations working onthe issue of bonded labour in these areas.Unlike Sindh, there are no rehabilitation campsin Punjab and whereabouts of those releasedremain unknown. Press reports and NGOrecords show a number of bonded workers werereleased from brick kiln mainly by the interven-tion of the courts. But hardly anyone knewwhere these workers have gone after therelease.

It is a common impression that those releasedusually come back to the same work. They mayhave not joined the same employer but they arein the similar situation as before-in debtbondage.

Din Mohammad Khokhar, 45, a brick kiln work-er got freedom ten years ago with the interven-tion of a local activist. "We were happy at thetime of release as we thought it was an end ofdark times," Din Mohammad recalls. But hisoptimism was short lived as the released familyfound it difficult to adjust in the post- freedomperiod. "We have a large family and without ahome of our own and any other source of

income, we were unable to survivee. They(activists) just helped us in release and thensuddenly we were on the road. It was really a dif-ficult period," he recalled. He had no otheroption but to go back to a kiln -- the only kind ofwork he and his family were skilled for. "Wedecided to find work at a kiln. Initially, theowner was nice and we also did not take anyadvance," he explained.But ten years down theroad, Din Mohammad and his family of sixmembers is again in bondage like situation witha debt accumulated to Rs 60,000 at a kiln inAhil Ke Wasti in Multan district. He and his fam-ily, which include his wife, two young daughters,son and a daughter- in-law --all work as brickmakers.

Neither government nor any NGO has any reha-bilitation plan/scheme for those released frombondage. The work force in the brick kiln indus-try is landless and shelter less, working fromone kiln to another. In case they dared to breakthe chains of bondage either directly approach-ing the courts or through organizations, thefreedom proved to be short-lived and eventhose who facilitated their release think thatthings are not moving in right direction.

“Those released have gone back and are doingthe same work. Many of them are even in worseconditions than before. They were released butthere was no system -- either to provide them analternate livelihood or employ them in the sameindustry on better conditions. This is a complexissue needed to be looked from different anglesand any single approach will not help in endingthe menace of bondage. We need a well thought

41

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

Rehabilitation Brick KilnCHAPTER SIX

out strategy and planning to deal with the issueotherwise there will be no use. Even I do helpand get people released in extreme cases butthe need is to have some rehabilitation plan”.(Advocate Rashid Rahman, HRCP Taskforcehead in Multan)

None of the organizations working on bondedlabour in Punjab has rehabilitation plan includ-ed in their interventions and this is a majorproblem faced by workers after release. Itwould be very important that organizations aswell as their donors must take into account thisissue before designing any further interven-tions.

Agriculture

If rehabilitation means temporary, makeshiftsettlement of Haris in thatched huts, then

that is being practiced in Sindh. If rehabilita-tion means financial support, permanent shel-ter, freedom from fear of being kidnapped bylandlords, having a regular source of livelihood,children going to schools, health facilities thenthis type of rehabilitation is absent at thecamps of freed Haris near Hyderabad in Sindh.

While living at the camp a family cannot availany basic facility at its doorstep because thefamily has no ownership of the land where itlives. Until they have legal rights of the land,they cannot avail facilities like health, educa-tion, and construction of houses. They areuncertain about their future.

The HRCP pioneered rehabilitation camps.According to the members of the Commission,initially these camps were established as tem-porary shelter for those who secured freedomfrom the clutches of landlords. As no furtherintervention, or permanent solution was putforth by the state or any other agency, thesecamps gradually came to be taken as perma-nent resident by thousands of released Hariswho have no other place to go.

In comparison to Punjab, these camps are con-sidered a blessing as both released workers

and activists think that at least there is a shel-ter for released workers. It also provides anopportunity to the community to live at oneplace where they are in a position to help eachother.

Those residing in camps complain that theylack documents. After escape or releasethrough any source, the landlords chase Harisand send threatening squad to them. Landlordskeep Haris frightened and anxious in an uncer-tain position. In the given conditions, many ofthem are afraid to step out of the camps as theydo not have documents and no evidence oftheir freedom. High level of insecurity amongthe residents of the camp that make sure theycarry visiting cards of NGO activists when theygo out. Despite efforts by few NGOs a numberof residents of these camps remain withoutNICs. Securing NIC for a released bondedlabourer is a challenge as the registrationauthority needs documents of family membersand attestation by officials or local governmentrepresentatives which often is difficult require-ment to fulfill.

Rehabilitation in carpet weaving

As a result of various projects of the TRDPmany indebted families have been rehabil-

itated and the children working in those indus-tries have been sent to schools. Microcreditand marketing support to the indebtedweavers' families have played a major role inloosening the grip of the contractors/money-lenders. TRDP's own assessment in 2006 indi-cated that now 85 percent of the householdstake loans from TRDP instead of traditionallenders; 90 percent of the households now owntheir own looms and the annual householdincome has increased more than two-fold. Theimprovement in economic conditions of thehouseholds has impacted positively on chil-dren.

TRDP's intervention in education has proved tobe the other major pillar of the programme.Unless education facilities were made accessi-ble the weavers' children would not have bene-

42

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

fitted from enhanced income of the householdalone. TRDP established 50 non-formal educa-tional schools, 15 chouphras to supportschools, 7 libraries or learning resource centresand trained 350 government primary schoolsteachers. TRDP also linked up non-formalschools with the government schools forsmooth transition of children to mainstreameducation system.

Impact of Social Mobilization

TRDP's social mobilization component - abuilt-in feature and the foundation stone of

all its projects - is based on the premises thatunless the communities are aware of the needof change, strive through collective decision tobring about change and own the process lead-ing towards it, sustainable development is notpossible. To get the ball rolling, TRDP facilitatescommunity organization in the shape of ParaDevelopment Committees (PDCs). All change-oriented activities are then undertaken collec-tively by PDCs and these include microcredit

and enterprise development, community infra-structure, natural resource management andeducation and health initiatives. In addition toadult groups or PDC, children's groups ororganizations have also been facilitated by theTRDP.

According to the present assessment the COsprovided a forum to the phased out children toget together for social interaction, play andstudy. This facilitated their integration into asnormal a childhood state as possible in stillstruggling weavers' households where now theycould go to school full time, that is up to 12.30or 1 pm, and work on looms part time in theevening, or whenever they feel like it.

The COs have great potential to benefit childrenin their personality development and mentaland emotional growth but it seems TRDP hasstill a long way to go. Membership of the COs islimited and fewer working children are mem-bers of their respective COs.

43

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

44

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

All forms of bonded labour are prohibited under the national and international laws. The government should strictly enforce all the laws and international conventions in all the sectors. Special attention is required on implementation of Bonded Labour (system) Abolition Act 1992.Bonded Labour Fund, established in 2001as part of the National Policy and Plan of Action remains unutilized. Special projectsshould be initiated to utilize those funds specially for the rehabilitation of freed bonded labourers. Lack of shelter and landlessness are key issues attached to bondage in all sectors. It's important that state land is distributedamong bonded labourers and they beprovided with official entitlementdocuments of places where they reside nowor given an alternate place for shelter. Minimum wages have been fixed by the government to protect rights of labourers, but it is observed that it is notimplemented. In bonded labour afflicted sectors, those wages have either not been fixed or lack implementation. Thegovernment should implement theminimum wages in brick kiln, agriculture and carpet weaving sectors. The labourers in general and brick kiln, agriculture and carpet weaving workers in particular cannot avail the state-run programmes and social security benefits. Policy level changes are needed to make these schemes universal andimplementation ensure so as to provide allsuch facilities to every labour.

Provincial labour departments are duty bound to protect rights of labourers in every private establishment. Strict rules oninspection be made to ensure the officials of Labour Department visit theestablishments regularly and enforce the concerned labour laws. The Child Rights Protection Project (CRPP)of TRDP is working with 1,700 out of 2,100weaver families. There is a need to benefit all weaver families. This could be done if the project is extended for next five years.

Social protection is important for poor andvulnerable. It's important that thegovernment gives priority to bonded labourers in social protection schemes. Kiln workers, as industrial workers, can easily be incorporated in formal social security schemes if provincial labour departments seriously do the registration of kilns. Workers in agriculture can be accommodated in informal socialprotection schemes such as Zakata and Baitul Mal etc.Labour inspections are important to checkviolations of labour rights. Government must effectively revive labour inspection system. The government should announce arehabilitation package for released bondedlabourers which include cash money and alternate livelihood and a piece of land.Implementation on Bonded Labour System(Abolition) Act 1992 is the key, andgovernment and CSOs should make effortsfor implementation of the law in earnest.

45

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

RecommendationsCHAPTER SEVEN

Cases must be filed under this law.Police and other government departmentsshould be sensitized on the issue ofbonded labour and it should be included aspart of manual at police trainingacademies.CSOs should liaison with Bar Associations for formation of permanent legal aidcommittees, particularly in districts prone to bonded labour. Political parties should clearly mention eradication of bondage in theirmanifestoes with commitment on what they will do. CSOs should lobby withpolitical parties.General awareness on the issue of bondage must continue as still a majority of population remains unaware/ silent or ignorant on the issue. Social support to eradication of bondage is crucial.Media has to play a key role in rooting out

this menace. It should highlight the issueson its own but CSOs must also liaison withmedia groups in this regard.Major trade unions have not taken the issue of bondage seriously. It is important that they put this on priority issue of their programmes and exert pressure ongovernment for the eradication of bonded labour.There is also a need to synergies different interventions so that an effective system can be devised to help those in bondage. This can be done by bringing all actors involved in different interventions at one place to divide responsibilities, avoidrepetition and chalk out a need-based strategy.

46

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

Mano Bheel, 70, an ex-bonded Hari is aclassical example of the indifferent

attitude of the state as despite all efforts hisnine-member family remains in the custody ofa landlord.

In May 1998, some gunman kidnapped ninemembers of Mano's family from villageWaryam Memon where he had settled twoyears after his release from the bondagealong with other 70 haris with the help ofHRCP. He alleges that his earlier landlordAbdul-ur-Rehman from whose land he gotfreedom was behind kidnapping of his familymembers.

Till now there is no trace of his family mem-bers despite the fact that he lodged an FIRagainst the influential landlord and manynational and international human rightsorganizations have raised voice against thisinjustice since then.

Disappointed at the state apathy, Munnostarted hunger strike to protest against thekidnapping of his family. He set a record whileremaining on hunger strike for three years.

This case also shows political power and theclout of the landlords in Pakistan. Despiteclear instructions by the government and theSupreme Court, police have not been able torecover his family members. It was onlyrecently when the accused landlord wasarrested but later released on bail.

Supreme Court of Pakistan has intervenedand ordered officials to recover Manu's fami-ly but all seems helpless against an influen-tial landlord.

Many a times Manu had received threats tohis life so that he would withdraw his protest.But he continues his struggle hoping one dayjustice will be done to him.

Mano still waiting for his familyMano still waiting for his family

1This information was provided by Ministry of Labour in the National Assembly on 25th June 2004 inresponse to a question raised by MNA Shahzadi Umerzadi Tiwana. No further details were provided. 2Forced Labour: Definitions, Indicators and Measurement, ILO-Geneva (March 2004).3Karamat Ali (PILER- ASI joint submission) at United Nations Working Group on Contemporary Forms ofSlavery, June 2004, Geneva.4Pakistan came into being on 14 August 1947 as result of British withdrawal from Indo Sub Continent.5Ercelan and Nauman, Bonded Labour in Pakistan ILO (Islamabad Office), 2001.6Asian Development Bank 2002.7G. M Arif, Bonded Labour in Agriculture in Punjab and NWFP, ILO (Islamabad Office), 2004.8PILER sample survey of released bonded Haris in camps around Hyderabad- July 2000.9ILO in collaboration with Ministry of Labour commissioned rapid assessments in seven sectors in 2003.These were published in 2004 and are available with ILO Islamabad Office and Ministry of Labour. 10Bonded Labour System( Abolition) Act was formally notified on 17 March 1992 through Gazette ofPakistan (Extraordinary). 11Sec 4 (1) of Bonded Labour System (Abolition) Act 1992, Gazette of Pakistan Extraordinary, 17 March1992, Government of Pakistan.12Federal Government S.R.O 723 (1) Dated 20-7-1995.13Policy statement, document of National Policy and Plan of Action, Ministry of Labour, Islamabad 2001.14Ercelan, Labour, Debt and Bondage in Brick Kilns, ILO Islamabad Office, 2003.15Ibid. 16Bonded Brick Kiln Workers-1989 Supreme Court Judgement and After, a study by All PakistanFederation of Labour (APFOL).17Field work and random survey conducted by PILER for the purpose of this study. 18Ercelan and Nauman, Bonded Labour in Pakistan PILER- ILO, 2001.19Asian Development Bank 2002.20Economic Survey 2006-7, Finance Division, Government of Pakistan. 21In share- cropping, the accounts are calculated on six monthly basis and a hari gets income on sixmonthly basis.22Bonded Labour in Agriculture, rapid assessment in Sindh and Balochistan, ILO 2004.23Thardeep Rural Development Programme (TRDP), Baseline Survey, 2003.24Saeed A. Awan & Abid Ali Khan, Child Labour in Carpet Waving Industry, Punjab, 1992, Centre for theImprovement of Working Conditions and Environment Lahore, Pakistan & UNICEF25Pakistan Labour Force Surveys 1996-97 and 2005-06.26EFA Global Monitoring Report 2007: Strong Foundations: Early Childhood Care and Education.27Poverty in South Asia, a Civil Society Perspective, South Asia Alliance against Poverty Eradication(SAAPE), Katmandu, Nepal.28Ibid..29Human Development Indicators, 2007, UNDP. 30Economic Survey of Pakistan- 2007-8.31Abolition of Bonded Labour in Pakistan, HRCP-ILO, November 2003.

47

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an

Notes

32PILER sample survey of released bonded haris in camps around Hyderabad, July 2000.33Household survey report, Rasta Development and Agrodev Canada Incorporated, February 2000.34First Martial Law was imposed as early as in 1958 by General Ayoub Khan.35Abolition of Bonded Labour in Pakistan, HRCP-ILO, November 2003.36The Constitution of Pakistan, Article 25 and 37.37Supreme Court Gazette, 1989, Islamabad. Petition 01/198838HRCP Annual Report 1990 and 1993.39HRCP Annual Report 1995.40Role of Judiciary in Elimination of Bonded Labour in Pakistan, ILO. No date mentioned. 41HRCP Annual Report 200242The News International, January 16, 1999.43HRCP Annual Report 1999.44HRCP Annual Report 1999.45Daily Dawn, Karachi, January 10, 200246HRCP Annual Report 93.47HRCP Annual Report 1999.48HRCP Annual Report 2000+2001.49Statistics collected by PILER research team from different sources including HRCPAnnual Reports and-newspaper clippings. 50Bonded Child Labour in the Carpet Industry of Thar, Sindh, PILER, December 2007. 51Designation of DC was changed into DCO and SDM in EDO and their judicial powers scrapped in 2001after the introduction of devolution of power plan by General Pervez Musharaf.52Bonded Labour in Agriculture, rapid assessment in Sindh and Balochisatn-ILO March 2004.53Gazette of Pakistan, Extraordinary , Part I, March 17, 1992- Islamabad54S.R.O 723 (1)/95 dated 20.7.1995, Government of Pakistan.55HRCP Annual Report 1992.56The News International, Karachi , 18 July 2004.57HRCP Annual Report 1996.58This information was provided by Minister of Labour on 25 June 2004 to the National Assembly inresponse to a question asked by MNA Shahzadi Umerzadi Tiwana. No further details were provided. 59Social Security in Pakistan, The Network for Consumer Protection, Islamabad ( June 2004).60Pakistan ratified ILO convention 29 in 1951 and convention 105 in 1960.61In 1990 annual ILO conference at Geneva noted that Pakistan had to bring its laws in conformity withconvention 29 on abolition of forced labour.62Roger Plant, head SAP-FL, ILO, January 23004- (Message published in ILO-Islamabad publication"Rapid assessment of studies of bonded labour in different sectors in Pakistan."63PILER Library.64BLLF intervention in brick kiln is said to be very active and effective till it divided in groups.65Ghulam Fatima, former Incharge of BLLF school project and now head of her own faction of BLLF.66The Dawn of Hope: Protection of Rights of the Working Children in the Carpet Industry of Thar, AnnualProgress & Process Report 2002-03, TRDP67Ibid68Project evaluation of the Protection of Rights of the Working Children in the Carpet Industry in TharDesert (Feb 2003-June 2006), Irfan Khan, Final Draft, 10 Oct 2006 (TRDP official document)69MH Khan, Daily Dawn, Karachi, Sep, 16, 200070Aftab Ahmed, HRCP, Task Force Hyderabad.

48

Effe

ctive

ness

of I

nter

vent

ions

for t

he R

elea

se a

nd R

ehab

ilita

tion

of B

onde

d La

bour

ers

in P

akist

an