Effectiveness of Interventions for the Release and Rehabilitation of Bonded Labourers in Pakistan

Zulfiqar Shah

Pakistan Institute of Labour Education & Research 2008 2 in Pakistan Bonded Labourers for the Release and Rehabilitation for the Release of Interventions Effectiveness of Contents 3 Introduction Executive summary Chapter 1 Bonded labour in Pakistan: Overview Sectors afflicted with bondage in Pakistan National legislation International standards Chapter 2 Current Status of Bonded Labour Mechanism of bondage Reasons: socio-economic indicators and political structure Gender and bonded labour Bonded Labourers

Interventions and Rehabilitation and Rehabilitation for the Release

Chapter 3 of Judicial Interventions Brick kiln Agriculture Carpet weaving

Chapter 4 Interventions State Interventions Bonded Labour System (Abolition) Act 1992 National Policy and Plan of Action (NPPA) 2001 National Policy and Plan of Action for Combating Child Labour International Covenants and Conventions Ratified by Pakistan

Government Schemes for Workers Effectiveness of Chapter 5 Civil Society Interventions International Organizations/NGOs National Organizations, local NGOs (Agriculture) National Organizations, local NGOs (Brick Kiln) National Organizations, local NGOs (Carpet Weaving) Community Intervention Political Intervention Role of Media and trade unions Chapter 6 Rehabilitation Brick kiln Agriculture Carpet weaving Chapter 7 Recommendations

Effectiveness of Interventions for the Release and Rehabilitation of Bonded Labourers in Pakistan Pakistan Institute of Labour Education and Research 2008 ISBN 978-969-9153-03-7 Cover & 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, and document 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 the Constitution, 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 sources which range from print media and the internet, to the latest official reports and documents, research studies and articles available on the subject. Secondly, and of particular significance, is the PILER's direct engagement and interaction with work- 4 ers and labour organizations in the informal sector, trade unions, civil society groups and representatives of state labour insti- in Pakistan Bonded Labourers for the Release and Rehabilitation for the Release of Interventions Effectiveness of

tutions.

The assessment of conditions of work and employment put together in this report is based on the work undertaken by the PILER programme and field staff members in recent years. Besides small surveys, rapid assessments and sector profiles, the national conventions of workers in the textile, brick kilns, transport, construction and light engineering sectors organized by PILER in 2005 have contributed richly to the report. Information sharing by workers' representatives, trade unionists, social activists 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 and systematic 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. Introduction 5 number of studies on the issue of bond- ed labour, conducted in Pakistan as well as other South Asian countries in Athe past, have confirmed the wide- in Pakistan spread prevalence of forced labour in South Asian countries particularly India, Pakistan and Nepal.

Pakistan Institute of Labour Education and Research (PILER), General Federation of Bonded Labourers

Nepalese Trade Unions (GEFONT) and Centre for and Rehabilitation for the Release

Education and Communication (CEC), Delhi, in of collaboration with Anti-Slavery International (ASI), had initiated a four-year Action Research Programme to look into the interventions made

so far in the bonded labour issue in these three Interventions countries.

The research project, which ended on December 31, 2007, included one-year pilot

phase and three-year action research. In Effectiveness of Pakistan, PILER conducted three studies ana- lyzing bonded labour interventions in Agriculture, Brick kiln and Carpet sectors; the three sectors believed to be widely infected by industry of Tharparkar district of Sindh, a proj- bonded labour in two major provinces of ect of Thardeep Rural Development Pakistan -- Sindh and Punjab. Advocacy and Programmeme (TRDP) was assessed. lobbying aimed at ending bonded labour had Secondary research was undertaken to analyse been integral part of the project throughout the history of bondage in Pakistan, with focus these years. on interventions.

The field surveys for brick kiln workers were Methodology conducted in Faisalabad and Multan districts in xtensive field visits were carried out at all Punjab. Data on agriculture workers was col- Elocations--Multan and Faisalabad in lected from the camps of released Haris in and Punjab and Hyderabad, Sanghar and around Hyderabad district in Sindh, while for Tharparkar in Sindh. A semi- structured ques- interventions in bonded child labour in carpet tionnaire was prepared and used to have inter- labour system." views of primary respondents i.e. brick kiln workers and released Haris (agricultural work- Though there are many opinions on the defini- ers). In Punjab rapid assessment was also done tion of bonded labour in the country, where a in Lahore, Sahiwal and Jhang districts. large number of people even do not accept the A significant number of key informants, partic- existence of bonded labour, those who accept ularly in brick kilns, were accessed for informal that the menace has strong roots in the feudal unstructured interviews. The aim was to estab- dominated society agree that 'debt' is the lish trust in the identified communities. main cause, pushing people in bondage.

6 In addition to brick kiln workers and Haris, the The issue has been under discussion at official employers, activists working on the issue of as well as unofficial levels for at least three bondage, government officials, lawyers and decades now. During this period, particularly trade union leaders were also interviewed and since mid 1980s thousands of bonded labour-

in Pakistan their views incorporated in the study. ers have been released through different inter- ventions. However, hundreds of thousands still The selection of brick kilns and the primary remain in bondage. respondents was made on random basis but keeping in mind that representation of all Various interventions so far have been initiated Tehsils in a district are included. Most of the by the government, judiciary, civil society (non- interviews were done with the help of local governmental organizations), international Bonded Labourers for the Release and Rehabilitation for the Release activists. organizations, human rights groups, labour of rights groups, peasant organizations, political Executive Summary parties, community organizations, media and, nternational organizations consider bonded in many cases concerned individuals have also Ilabour as a contemporary form of slavery that played an active role.

Interventions involves an estimated 20 million people all over the world. Analysis of a number of research studies and literature, particularly annual reports of the The International Labour Organization (ILO) HRCP reveal that joint intervention by NGOs, defines forced labour as "work or service, judiciary and administration has proved com-

Effectiveness of extracted from a person under threat or penal- paratively effective in the release of bonded ty, which includes penal sanctions and the loss labourers. of rights and privileges, where the person has not offered him/herself voluntarily." Though different NGOs claim that about 30,000 bonded labourers have been released In Pakistan, definition of bondage or bonded in the country during last one decade, the labour generally focuses on debt under which PILER research team has been able to account poor workers are coerced into a situation where for only 8,530 people confirmed released at they are compelled to work against their wishes this time (2007). These statistics are based on not for some years but for generations and in the numbers of released bonded labourers, many cases with restricted movements and lim- mentioned in the HRCP annual reports and in ited or no freedom of choice. newspaper clippings available at the PILER library. Surely, the number of those released The latest law in Pakistan, which declared com- could be much more if other resources are ana- pulsory work against credit as bonded labour, lyzed and field visits are extended to other defines the term 'bonded labour' as: "Any places in the country. labour or service rendered under the bonded Of the total 8,530, bonded labourresr releases tricts of Punjab i.e Faisalabad and Multan and in the brick kiln and agriculture sectors a major- of the released Haris in agriculture sector indi- ity (5,166) was released by the joint action of cate challenges inherent both in the release NGOs, judiciary and administration: the NGO and rehabilitation of bonded workers. Kiln helped or directly filed a petition in the courts of workers could not avail the state-run pro- the law, and the judiciary had sent a bailiff to grammes which were aimed at eradicating the location or asked the police to recover the poverty, mainly because they did not possess bonded labourers. official documents like National Identity Cards (NICS) and their weak socio- political status. However, all these bonded labourers were The released Haris face problems due to lack of released under habeas corpus petitions basic amenities in the camps and access to 7 despite the fact that there is a special law, alternate livelihoods. Bonded Labour System (Abolition) Act enacted in 1992, which defines exacting forced labour In Sindh's Tharparkar district child labour is

as cognizable offence. very common in home-based carpet weaving in Pakistan units. These children are working against debt According to the statistics, provided by the gov- taken by their family members, or working ernment to the National Assembly, only 23 under social obligation (for example caste, eth- cases were detected under Bonded Labour nic or religious practices) without their consent System (Abolition) Act and the fine collected and under conditions that restrain their free- during this period was merely Rs 6,1001. dom, increase their vulnerability to physical Bonded Labourers

and other forms of abuse, and deprive them of and Rehabilitation for the Release

This state of affairs reflects poor implementa- their basic rights. of tion of the law. Bonded Labour Fund, estab- lished in 2001 as a part of the National Policy Bonded labour is outlawed in the Constitution and the Plan of Action remained unutilized or of Pakistan and the country has ratified many

underutilized and more than Rs 100 million international conventions promising to bring Interventions remained with the government unutilized at a this menace to an ultimate end, yet the practice time when released Haris were living in subhu- persists. The issue of bonded labour cannot be man conditions in and around Hyderabad. seen in isolation: it is closely linked with the state of human rights and labour rights, espe-

Field surveys in the brick kiln sector in two dis- cially of rural and agricultural workers. Effectiveness of 8 in Pakistan Bonded Labourers for the Release and Rehabilitation for the Release of Interventions Effectiveness of CHAPTER ONE Bonded labour in Pakistan: Overview 9 onded labour is considered as a con- children - from the full range of social, econom- temporary form of slavery that ic and political rights. Hence the state holds pri- involves an estimated 20 million peo- mary responsibility for persistence of wide- Bple all over the world. The spread, gross injustice of forced labour. in Pakistan International Labour Organization (ILO) defines forced labour as "work or service, extracted In today's Pakistan, roots of the bonded labour from a person under threat or penalty, which are directly linked with the evolution of agricul- includes penal sanctions and the loss of rights ture and industry over half a century ago. With and privileges, where the person has not the creation of a new country4, a small number offered him/herself voluntarily." of people--Nawabs, Sardars and bureaucrats- Bonded Labourers

in the British Raj inherited big lands as bless- and Rehabilitation for the Release

The ILO categorizes forced labour into five key ings against their services to the British rulers. of areas which include slavery and abduction, They were commonly known as Zamindars who misuse of public and prison works, forced employed landless people as Haris to cultivate recruitment, debt bondage and domestic work- their lands.

ers under forced labour situation, and internal Interventions and international human trafficking2. Sectors afflicted with bondage griculture has been identified as the main In Pakistan, definition of bonded labour gener- Alocation of debt bondage in Pakistan with ally focuses on debt bondage under which poor concentration in lower districts of Sindh 5 workers are coerced into a situation where they province . It is observed that Haris are in debt Effectiveness of are compelled to work against their wishes, not in most of the rural areas in the country. In many for some years but for generations and in many cases, majority of Haris who are illiterate, have cases with restricted movements and limited or accepted the practice voluntarily as they think no freedom of choice. A large number of people that they are bound to work against credit, do not accept the existence of bonded labour in which is often many times more than that of the Pakistan; those who accept that the menace principal amount. Since Haris are in debt, land- has strong roots in the feudal dominated socie- lords consider it their right to extract labour ty agree that 'debt' is the main cause, pushing from tenants and their families until the debt is people in bondage. cleared6. Bonded labour in agriculture is also prevalent in Punjab. A recent study7 confirms In the view of many organizations and labour the prevalence of debt bondage at least in two rights activists3, forced labour is a private districts, Hafizabad and Bahawalpur, in Punjab oppression as a strategy of labour intensifica- province. tion for higher return to capital. This extreme labour exploitation is an outcome of exclusion Similarly, in brick kiln, most of the workers are of a group of citizens-- especially women and poor labourers, who find no other way but to find a job in a kiln at lower wages. They also take loans against the promised work before or Article 3 of the Constitution condemns bonded after joining and could not clear the outstand- labour and vests in the state the responsibility ing amounts due to their low wages. Slowly the to end exploitation. It declares: "the state shall credit multiplies with the addition of compound ensure the elimination of all forms of exploita- interest at exorbitant rates and goes up beyond tion and gradual fulfillment of the fundamental their reach to clear . In such a case, they are not principles, from each according to his ability to allowed to leave the work place or join any other each according to his work." Article 14 of the profession till they clear every penny of the Constitution prohibits violation of dignity of dues. Similarly, in other sectors, the bondage is man and woman and torture. Article 37 (e) 10 primarily caused by the debt. says: "It is state's obligation to make the pro- vision for securing just and humane conditions Unfortunately, despite debate and discourses of work, ensuring that children and women are on bonded labour at official as well as unoffi- not employed in vocations unsuited to their age

in Pakistan cial level, there is no reliable data available of or sex, and for material benefits for women in the total number of bonded laborers in the employment." Article 10 reads: "Everyone has country. Different INGOs and NGOs have con- the right to work, to free choice of employment, ducted a number of research studies on the to just and favorable conditions of work and to concept, patterns and causes of the bondage protection against unemployment."Article 38 but no national survey has been conducted to is more specific: "State shall ensure equitable establish the actual number of workers in adjustment of rights between employers and Bonded Labourers for the Release and Rehabilitation for the Release bondage. employees, and landlords and tenants." of A PILER study8 estimates 1.8 to 6.8 million Despite Constitutional guarantees and ratifica- people in the bonded share cropping families tion of international convention, no legislation across Pakistan. Many surveys have estab- was devised to directly address the issue of

Interventions lished that majority of sharecroppers and brick bonded labour till the Bonded Labour System kiln workers are indebted. The ILO rapid (Abolition) Act was passed in 199210. assessments9 of several sectors found carpet weaving, mining, glass-bangles, tanneries, First time in the history of Pakistan such a spe- domestic work and begging as infected with cific law was enacted to deal with a critical

Effectiveness of forced labour though the magnitude was lesser issue involving lives of millions of people. The than found in agriculture and brick kilns. law was the result of the long struggle of human and labour rights groups, civil society organiza- National legislation tions and individuals who have been demand- ccording to the constitution of Pakistan all ing an end of the bonded labour system. Aforms of forced labour are prohibited. Article 11 (1-2) of the Fundamental Rights The law came out in the wake of a landmark ver- Chapter of the Constitution of Pakistan reads: dict of the Supreme Court in 1989 in which "Slavery is non existent and forbidden and no forced labour against peshgis (advances) was law can be made to permit or facilitate its intro- declared illegal. It was also the outcome of the duction in Pakistan in any form. All forms of pressure on Pakistan by international organiza- forced labour and traffic in human beings are tions particularly the ILO that pressed the coun- prohibited. Pakistan's Constitution condemns try to bring in laws to meet its commitment. all types of exploitation and makes the state responsible to bring all kinds of exploitation to Under the law, the bonded labour system stood an end and ensure fair opportunities to the abolished throughout Pakistan; every bonded people". labour stood freed and discharged from any obligation to render bonded labour11. Every of first workers-friendly minister, late Omar offence under the act was made cognizable Asghar Khan. Under the National Policy and where police can take action and the law pro- Plan of Action for the abolition of bonded vided imprisonment of 2 to 5 years or with fine labour and rehabilitation of freed bonded of Rs. 50,000 or both to any person who com- labourers the government committed to eradi- pelled anyone to render bonded labour or cate bonded labour, wherever it exists, in the extracted bonded labour under any guise or society. It pledges to adhere to all international pretext. instruments, covenants, conventions and pro- tocols whether ratified or not which protect fun- Salient features of the law are: damental human rights13. It includes both long and short-term measures for eradication of 11 „ No person can make any advance under bonded labour. the bonded labour system or compel any one to render any form of forced labour; The plan also provided the creation of a Fund

„ Any custom, tradition, practice, contract, for the rehabilitation of freed bonded labour- in Pakistan agreement or other instruments, whenever ers. The government provided Rs 100 million executed, under which any person or any for the fund and with some other additional member of his family was required to work grants from provincial governments it now as a bonded labourer shall be void and stands at Rs 125 million. But it remains under- inoperative; utilized. „ Every obligation of a bonded labourer to Bonded Labourers

repay any bonded debt outstanding District Vigilance Committees (DVCs) are the and Rehabilitation for the Release

against him shall stand extinguished; main thrust of the action plan. Though the plan of „ Any court or tribunal or any other authority was approved in 2002, constitution of the com- could not take up suit or any other pro mittees was delayed. The committees were ceedings for recovery of the bonded debt; formed in a few districts in Sindh and Punjab

„ Return of property which is taken from a provinces but remain inactive. Hence, despite Interventions bonded labourer against debt. a specific law, implementation has remained a gray area, as was evident from the statistics Besides other provisions, the law required the presented by the government in the National district officers to check the incidents of bond- Assembly.

ed labour in their respective areas and take Effectiveness of necessary actions. The law also makes it Before and after the enactment of the law, most mandatory for provincial governments to set up of the bonded labourers released up till now District Vigilance Committee (DVCs) for the have been released under habeas corpus peti- effective implementation of the law and help tions under which relatives of bonded labour- rehabilitation of the bonded labour. ers, or representatives of Human Rights groups can seek immediate relief from the courts. This Bonded Labour System (Abolition) Rules were situation also raises doubts about the effective notified in 199512. The rules laid down the implementation of the law. The question is if a responsibility of various implementing agen- specific law is in place why bonded labourers cies, including the terms of reference of vigi- are freed under habeas corpus and no action is lance committees. It also included a provision taken against the culprits? of establishment of fund for the rehabilitation and welfare of the freed bonded labourers. Tenancy Act hough there is no law that supports the National Policy and Plan of Action 2001 is said Tbondage directly but there are flaws in spe- to be the result of personal initiative on the part cific legislation, which often go against the interests of bonded workers. This becomes There is need to amend the law in a way that it more obvious in the agriculture sector where protects agriculture workers from exploitation. Zamindar-Hari relationship is largely based on sharecropping. International standards esides guarantees built into the Hari-Zamindar relationship was regularized BConstitution, Pakistan is also committed under the Tenancy Act 1950. The law envisaged to end all forms of debt bondage, child servi- two classes of tenants i.e. permanent tenants tude and forced labour under the international and 'tenants at will'. The former enjoyed secu- conventions it has ratified over the years. rity as according to the law their names were to 12 be registered in a revenue record and their ejec- Being a member of world community, Pakistan tion was subject to conditions and order by is bound to ensure fundamental rights in the competent official authority. But there was no country mentioned in the UN Declaration of protection to the 'tenants at will'. The law pro- Fundamental Rights. The UNO adopted this

in Pakistan vided that a 'tenant at will' could also become declaration in 1948, which prohibits slavery, permanent tenant by cultivating at least 4 acres forced labour, bonded labour and all forms of of land of one landlord for 3 years. exploitation. Moreover, Pakistan ratified the ILO's bonded labour related Conventions No. It was noted that in many cases landlords did 29 and 105 in 1951 and 1960 respectively. The not let the Hari cultivate the same land for con- ILO adopted these conventions in 1930 and secutive three years, barring him from becom- 1957 respectively. Bonded Labourers for the Release and Rehabilitation for the Release ing permanent tenant. Thus, the law went of against Haris and contributed to the bondage The convention No. 105, specifically, prohibits as it was easy to exploit the 'tenants at will'. recourse to force or compulsory labour in five defined areas. The law outlines a system of sharing the prod- 1. as a means of political coercion or

Interventions uct (Batai ) and share of output expenses of fer- education or as a punishment for holding tilizers, seed and water. This system is not fair- or expressing political views or views ideo ly implemented and tenants at will cannot raise logically opposed to the established objections because of the fear of evacuation political, social or economic system; and remain vulnerable and accept the condi- 2. as a method of mobilising and using labour

Effectiveness of tions of landlords. The fate of the permanent for purposes of economic development; tenants were also not different as no mecha- 3. as a means of labour discipline; nism were devised to enter their names in the 4. as a punishment for having participated in official record leaving them on the mercy of strikes; landlords. 5. as a means of racial, social, national or religious discrimination. Under the law, disputes were to be decided by a revenue official and the provision of fine was as Besides above-mentioned specifi Conventions, nominal as Rs. 500 or one-month imprison- Pakistan has also ratified the following interna- ment, which was hardly applied. The law pro- tional conventions: hibited landlord to extract unpaid work (begaar or wangar), but the same is in practice till today. „ The UN Supplementary Convention on the It was also obvious that the revenue officers Abolition of Slavery, the Slave Trade, and could not take any action against big landlords Institutions and Practices similar to on the complaints of poor Haris. In general the Slavery 1956 the convention was ratified law is half a century old and has not been by Pakistan in 1958. revised to meet the current day requirements. „ The UN Convention on the Rights of Child and Rights at Work 1998 requires the (CRC) 1989 Pakistan ratified the member states to furnish to the ILO office Convention a year later in 1990. Article 32 the status report on the observance of core of CRC guarantees children's protection Conventions including Convention on from economic exploitation and from Forced Labour. performing any work that is likely to be hazardous or to interfere with child's „ Philadelphia Declaration adopted by the education. ILO in 1944 also puts stress on member states to ensure work without exploitation „ ILO declaration on Fundamental Principles and compulsion. 13 in Pakistan Bonded Labourers for the Release and Rehabilitation for the Release of Interventions Effectiveness of 14 in Pakistan Bonded Labourers for the Release and Rehabilitation for the Release of Interventions Effectiveness of CHAPTER TWO Current Status of Bonded labour 15 hough signs of bonded labour can be end exploitation of labour and bonded labour. traced in almost all sectors, agriculture, brick kilns and carpet weaving are the According to studies14, working days in brick Ttop three most infected areas where hun- kiln range between 240-260 in a year. Due to in Pakistan dreds of thousands of men, women and chil- the seasonal nature of work the operation is dren are enslaved. closed down in monsoon and in harsh weather. Since brick kiln workers are paid at piece rate The bonded labour system consists of giving basis so they lose earnings if the operation is advances or peshgi to a person. Till the advance closed either for a day or a month. In this period remains outstanding, the worker is bound to the of joblessness, workers are dependent on kiln Bonded Labourers creditors. In case of sickness or death, the fam- owner and take further loans, which are added and Rehabilitation for the Release ily of the bonded individual is responsible for to their already outstanding amount, and thus of the payment of debt. In the case of children, the the debt increases. peshgi is paid to a parent or guardian, who then provides the child to pay off the debt through Thus the nominal earnings through piece rate

labour. In many cases, bonded children are are the primary reason for debt bondage in Interventions delivered - usually by the parents or the brick kilns. As the amount of loans taken to guardians of the child - in repayment of a loan meet social event expenses i.e. wedding and or other favours given in advance, real or imag- funeral of a family member, and regular credit inary. to meet daily subsistence increases the out-

standing amount, the workers are not able to Effectiveness of Brick Kilns clear from meager earnings. rick kilns is the sector considered to be Bwidely infected with the forced labour due The workers in kiln industry are mostly migrants to the nature of the brick kiln industry and also (from other districts) and marginalized locals socio-economic status of its labour force. (of lower caste) including men, women and chil- Bonded labour in the brick kiln sector is con- dren. Females and children work mostly as centrated in Punjab, where thousands of bond- Pathera, comparatively less hard work15. Many ed labourers have been released over the years of them live on site along with their entire fami- through different interventions. lies.

It was the complaints of the bonded labourers Another study16 conducted earlier on brick kiln of brick kiln industry that moved the Supreme workers in the outskirts of capital Islamabad Court to initiate proceedings leading to a his- and Rawalpindi reveal that 87%of kiln workers torical verdict in 1989 when the court declared were illiterate and cannot write their name. compulsory work against advances as illegal Majority (62 %) started work between the ages and directed the government to make laws to of 7 to 10 years. The overwhelming majority (99%) said they are in debt above Rs 10,000 cropping system is full of faults and provide an and many of them complained that though easy room for exploitation of Haris. Since some members of their families are allowed to majority of Haris in Pakistan are illiterate and visit relatives and hometowns, the entire family socially weak, there is hardly any concept of cannot move till the entire debt is cleared. proper record keeping. Majority of them, with meager earnings, that too on crop basis21, are This state of affairs in brick kiln sector is veri- always dependent on landlords and seek credit fied by the extensive field work17 in two districts from time to time to meet their basic needs. and random survey in three additional districts, There is always disagreement about the where kiln workers interviewed were in debt amount of money owed to the landlord. Many 16 and almost all workers had taken advances. Hari households feel that they are trapped into The amount recorded was even much higher bondage due to inaccurate accounting that of referred in earlier studies. It ranged from designed to keep them in perpetual debt22. Rs. 30,000 to 150,000 per family.

in Pakistan High input costs and lower outputs from agri- Agriculture culture production, coupled with shortage of griculture has been identified as the main water and droughts in many parts of the coun- Alocation of debt bondage in Pakistan with try have left Haris with no other option but take concentration in lower districts of Sindh more and more credit from landlord on promise province in earlier study conducted by PILER18. of work. It is observed that Haris are in debt in most of Bonded Labourers for the Release and Rehabilitation for the Release the areas in the country and they do work It is noted that the bonded labour has a close of against credit, many of those living in the lower link to sharecropping and there are signs of districts of Sindh have restricted moment and forced labour existence in all parts of the coun- freedom because of caste and vulnerability. try. It is more prevalent in lower parts of the Sindh province. The area bordering with Thar

Interventions In many cases, the Haris, majority of whom are desert has a majority of Hari population from illiterate, have accepted the practice voluntari- low caste, or scheduled caste, Hindu minori- ly and they think that they are bound to work ties. against credit, which is often many times more than that of actual amount. Since Haris are in Carpet Weaving

Effectiveness of debt, landlords consider it their right to extract ccording to a study, in the carpet weaving labour from them and their families until the Asector, about 98 percent of the carpet debt is cleared19. weavers' families were indebted23. Many fami- lies had taken multiple loans and half of them Agriculture, employing about 20 million had taken loans for subsistence, to buy food on (43.1%) of the total labour force of 50.50 mil- day-to-day basis because their earnings from lion in the country, is also the largest contribu- carpet weaving were too low. A significant num- tor in the economy with 21% share in GDP20. It ber, 63 percent, had borrowed from contrac- is also the largest source of foreign exchange tors. The debt had compelled many families to earnings by serving as the base sector for coun- put children in to carpet weaving. try's major industries--garments and sugar industry. A rapid assessment study undertaken by the Ministry of Labour in collaboration with the ILO The employment in agriculture is mostly in 2004 on bonded labour in carpet industry through sharecropping contract, followed by revealed that 40 percent of the workforce daily wages, both on verbal agreement. Studies engaged in carpet weaving was children under- and field experiences suggest that the share 15 years of age. An earlier survey of child labour in carpet weaving in Punjab province plement the household income through child had indicated 80 percent of the workforce as labour. Another key factor related to child under 15 years of age24. labour is lack of schooling. Over 6.4 million children are reported to be out of schools in In Sindh's Tharparkar district child labour is Pakistan26. common in home-based carpet weaving units. These children are working against debt taken Mechanism of bondage by their family members, or working under range of issues draw people into a situa- social obligation (for example caste, ethnic or Ation or practice defined as bonded labour religious practices etc.) without their consent in the national laws and under the international and under conditions that restrain their free- conventions. 17 dom, increase their vulnerability to physical and other forms of abuse, and deprive them of Though the reasons of exploitations and their basic rights i.e. schooling. bondage are not as simple as many people may

think, majority of the respondents say "pover- in Pakistan According to the Thardeep Rural Development ty" is a major cause of their present condition. Programme, the minimum loans sought by a family ranges from Rs 5,000 to Rs 10,000 and When a person falls into the trap of bondage his maximum from Rs 50,000 to Rs. 100,000. dignity and self respect are eroded no matter There were wide variations in the extent of the either he or she is at home, work or at any other family indebtedness. The contractors were place. The psychological effect is damaging. Bonded Labourers charging yearly compound interest rate at 10 Since most of the bonded labourers are poor and Rehabilitation for the Release percent and bound the families to sell the car- Haris in agriculture and poor labourers in brick of pets on pre-contracted (low) prices. kiln, they are already weak in social, economic and political terms but bondage further Till the advance remains outstanding, the work- degrades them.

er is bound to the creditor/employer. In case of Interventions sickness or death, the family of the bonded Field survey conducted in two districts with dif- individual is responsible for the debt. In case of ferent socio- economic indicators in Punjab children, the peshgi (advance) is paid to a par- province, i.e. Multan and Faisalabad, suggest ent or guardian, who then provides the child to that brick kiln workers fall prey to a set of set- pay off the debt through labour. In many cases, tings and mechanisms before becoming bond- Effectiveness of bonded children are delivered - usually by the ed labour. Majority of brick kiln workers in two parents or the guardians of the child - in repay- districts are in debt. The amount of debt ranges ment of a loan or other favours given in from Rs. 8,000 to Rs. 50,000 and in some advance, real or imaginary. cases exceeds this limit. Though advance money is taken by a single-family member -- Child labour has shown an increasing trend in mostly the elder one -- either father or brother, Pakistan in the last decade. The total number of it is considered a family debt and the entire children aged 10-14 years engaged in produc- family has to work to repay. tive activities has risen from 2.12 million in 1996-97 to 3.06 million in 2005-0625. Labour Usually an elder family member takes peshagi force participation rate in the age group 10-14 (advance) at the time of joining a kiln or shifting has also jumped during this period from 12.8 from one kiln to another. Majority of the respon- percent to 15.2 percent. The increase in child dents say this amount is provided without any labour is linked to informal, low-paid, unpro- written agreement on the conditions that it will tected, home-based work that does not gener- be deducted in small installments from the ate decent income and compel adults to sup- wages. Those who say there was written agree- ment have no document to show but have just ings, are compelled to take credit; ultimately heard from the employers that their labour was ending up as bonded labourers. There had been contracted under a written agreement. rare cases when people are put on bondage due to cultural or religious practices by sardras, Besides this major amount drawn at the time of pirs and tribal heads without debt. joining the work or during the work for emer- gencies, kiln workers also draw dasti (running In Pakistan 32 percent of the population is liv- advance): it is taken on daily wage basis for ing below the poverty line. Income distribution household expenses during the week and cal- is highly skewed with the top 20 percent getting culated on weekly basis. Kiln workers are paid 50 percent of the income, while the bottom 20 18 at the weekend, Thursday for Muslim and percent gets only 6 percent. Income scarcity is Saturday for Christian workers. After deduction one of the main causes of growing poverty in of dasti, which in many cases exceeds the the country reflecting inequality in human, amount earned during the week , the loan is physical and social capital; an unequal distri-

in Pakistan transferred to the next week. In this way work- bution of assets, particularly land, accentuates ers are under two types of debt -- major debt and perpetuates poverty27. (peshgi) and other smaller debt (dasti) taken for daily expenses. Pakistan has been ruled by military for more than half of its existence. Since military plays a A number of respondents have inherited debt dominant role in power politics, a major portion from their fathers or elder brothers. Majority of of the budget is spent on defence expenditures, Bonded Labourers for the Release and Rehabilitation for the Release those who have taken the debt themselves leaving very little amount for social sector of pointed out marriage of daughter as the rea- development i.e. health, education etc. son. Not a single respondent claimed that he Pakistan itself is highly indebted with foreign as was able to repay the loan. Those who said they well as domestic loans and following excerpts did repay actually took advances from another from a report depicts a true picture:

Interventions kiln owner, who paid to the earlier owner. Sometimes this is decided amongst kiln own- Just as generations of peasants have been ers. This happens mostly when a worker is in enslaved by their debts, so has Pakistan. With need of money and the current owner is not will- international debt accumulated to around US$ ing to pay more or in case the worker feels 35 billion, and with the IMF and World Bank

Effectiveness of uncomfortable working with the current watching and ordering Pakistan's each and employer. every economic and political move, the term "independence" seems to have lost much sig- Debt, which is a key indicator of bondage in nificance in modern day Pakistan28. Pakistan, is rampant even after it was declared illegal by the Supreme Court under the federal Pakistan is one of the under developed coun- law. The debt not only gives the owner an edge tries in the world; falling down to 139th posi- over worker in terms of securing labour but it is tion in Human Development Index of 179 coun- usually used as a tool of exploitation for low tries29. Pakistan even ranks below all the other wages and extra work. In extreme cases the South Asian countries in the report which worker's movement is restricted. measures the progress of the nations on key social, economic, educational and human Socio-economic indicators development indicators. It is also the sixth and political structure largest country in the world with estimated he main causes of the bonded labour are population of 160 million in 200730 with a weak Teconomic, where poor people, unable to economy and high population growth. meet their daily expenses from regular earn- Gender and bonded labour workers in brick kilns are under double burden omen and children are integral part of a and stress. They do heavy physical work at both Wfamily structure and cannot be separat- the kiln sites and at home. The psychological ed from the sufferings of bonded labourers. In effects of isolation, heavy work and loss of dig- many cases they are the worst victims of the nity are severe. menace of bondage because of their vulnera- bility. Women in bondage are dually disadvantaged, first for being women workers in a Pakistani In agriculture, Haris work along with their fami- society and secondly as bonded labourers. They lies on lands where men, women and children are not only exploited by employers or contrac- share the work. In case of bonded labour, the tors but by their own men as well. A number of 19 entire family is considered to be in debt and female workers shared their woeful stories of each member of the family has to work to pay it how they have been beaten up by their men and off. In many cases women and children are how commonly their share in income is usurped

compelled to work at the homes and autaq of by male family members. in Pakistan the landlord besides tilling the land. Reproductive health issues of bonded women A brick kiln worker or Hari may approach also multiply as they have fewer opportunities employer or landlord of his free will and offer to to consult a doctor. Stories of bonded women sell his labour but the bonded labour system workers are gloomy and worrisome as many extracts forced labour from all members of his would tell that they go to work on the very third Bonded Labourers entire family who lose their freedom along with day after delivering a baby and that as there are and Rehabilitation for the Release him. The entire family falls victim to an illegal no toilets at home or work so they go into bush- of compact31. es to relieve themselves with threats of insect or snake bites or fear of men lurking around. Women, being at the lowest rung of social and

family hierarchy, become even more vulnerable Interventions and Rehabilitation Interventions and fall victims to physical and sexual abuse. akistan's foundations were laid on much Survey reports32 on released bonded labourers Pbloodshed and human sufferings as a reveal that women of bonded labourers are result of mass migration in the wake of the par- often sexually abused by zamindars. Often they tition of the Subcontinent in 1947. The country are also kidnapped particularly in cases when spent the first two decades in the process of ini- Effectiveness of the Haris are released through intervention and tial rebuilding and overcoming the trauma of leave the confines of zamindars and kiln own- the partition. Despite bloodshed and numerous ers. other problems, the leadership of the new country tried to sooth the wound by asking the Different survey reports, including one by Asian people to bear the problems because they Development Bank33, indicate that majority of have, at least, achieved a country of their own the population lack basic amenities in the dis- which they portrayed can solve all their prob- tricts where bonded labour prevails. One quar- lems. ter of the survey respondents lived in Jhupris (makeshift huts). The survey also revealed that "This is a country where you (Muslims) can live the female literacy is less than 10 percent and a free life according to your religion. You are a over 82 percent of school-age children do not free nation now, out of the slavery of British and go to school. Hindus," the new nation was told.

Field surveys in different districts in Southern But the promise of freedom was rhetoric and as and Central Punjab reveal that the women soon as people came out of 'freedom' mania many of them realized that they might have tices for all36, to actually intervene in the mid been freed from British Raj and dominance of 1980s in the brick kilns case. By the time the Hindu landlords/capitalists and seth, yet many discourse on forced labour had extended to of them had been made slaves by their own reli- agriculture sector, where Haris were forced to gious fraternity and they were still living the work on lands against advances paid to them lives of subjugation no less that of slaves. for purchasing of seeds, fertilizers and other inputs for cultivation of crop and for emergency, The country, which saw active political debate, family or personal needs. discourse and movements in the wake of mili- tary regimes34, also generated a debate on Since then there has been a number of inter- 20 forced or bonded labour during the same peri- ventions for release and rehabilitation of the od. The term bonded labour was first used in bonded labourers, particularly in agriculture Pakistan in the brick kiln sector and the matter and brick kiln sectors. The major interventions acquired prominence in public discourse in the have been on the part of government, judiciary, 35

in Pakistan 1960s . civil society (non- governmental organizations), international organizations, human rights Despite the fact the menace of forced labour groups, labour rights groups and peasant was highlighted in 1960s, it took two more organizations, while political parties, commu- decades to different actors, including the nity organizations, media and individuals have Islamic state which promised equality and jus- also played an active role. Bonded Labourers for the Release and Rehabilitation for the Release of Interventions Effectiveness of CHAPTER THREE Judicial Interventions 21 lthough the courts have been providing ties, which was signed in the shape of an order relief to the affected individuals at a of the Supreme Court on March 15, 1989. Yet, limited scale, particularly to those who bonded labourers and their well-wishers within Aapproach them, the historic interven- the civil society welcomed the verdict as they in Pakistan tion by the Supreme Court on 15 March 1989 had been waiting for any relief. had lasting effects on the release of bonded labour. The major thrust of the verdict was that the court declared all peshgis (advances) of more Brick kiln than seven days wages illegal and also he first major intervention in forced labour declared use of coercive methods for recovery Bonded Labourers Twas carried out by the highest judiciary - the of the loan from workers as unlawful. Though and Rehabilitation for the Release Supreme Court of Pakistan - in the brick kilns37. the court in its observation asked the govern- of The judgment of the Supreme Court on March ment to explain the term "forced labor," it 15, 1989, the pioneer in judicial intervention, largely accepted the relation between debt and set the stage for other interventions in the bondage while terming the advances as illegal.

forced labour. Interventions In two other cases heard and decided by In 1988 a Supreme Court bench comprising Federal Shariat Court and the Supreme Court in Justice Mohammad Afzal Zullah, Justice Javed 2005 and 2006 respectively, the courts by Iqbal and Justice S. Usman Ali Shah heard a rejecting the plea of brick kiln owners conceded

constitutional petition (01/1988), filed by to the general view of labour and human rights Effectiveness of Darshan Masih alias Rahmatay and others v/s activists that bondage is very much prevalent, State. Besides, the state consul and the repre- particularly in agriculture and brick sectors sentative of the government, the court also heard representatives of Bhatta (brick kiln) Mazdoor Mahaz (Brick Kiln Workers' Front), Bhatta Owners' Association and other civil society actors. During a year long proceedings details of gross injustice were brought before the court for the first time, establishing the malaise of bonded labour as a crucial national issue at the highest level, which till then was a matter taken for granted. where workers are often in forcible confine- The court decision did not come out as desired ment. The courts also directed the government by human rights and labour rights activists, it to take measures for eradication of bonded was rather an agreement between different par- labour and implement relevant laws. However, not much was done in effect on part of the gov- ernment to implement the court directives. For instance, in a decision, a civil judge in Punjab, in December 1990, fined two kiln own- Federal Shariat Court in its judgment dated 10 ers of Rs. 12,000 each for filing a false case October 2005, dismissed eight petitions filed against two kiln workers alleging that the work- by brick kiln owners in which they have chal- ers had received advances. In another case a lenged certain provisions of Bonded Labour magistrate in Gujrat, another city of Punjab, System (Abolition) Act 1992 as repugnant to raided a kiln and found 23 persons, including Islam. The Court in its judgment expressed con- children, working under bondage38. cern over the deplorable conditions of bonded 22 workers both in brick kilns and agriculture and In 1995, Lahore High Court (LHC) ordered directed that a copy of the judgment should be release of 25 persons who were bought by a sent to the Labour Ministry and other relevant kiln owner for Rs 20,000 from a contractor. ministries for necessary action. During the same year the court got a mother

in Pakistan and her daughter released from a birck kiln and A year later, on 20 October 2006, Supreme sent them to the state-run women shelter Darul Court Chief Justice Iftikhar Muhammad Aman when the two woman filed a petition that Chaudhry along with Justice Muhammad they were being kept in bondage though they Nawaz Abbasi set at liberty 18 brick kiln work- had repaid the loan to the owner of the brick ers who were recovered from illegal confine- kiln39. ment of a kiln owner by District Police Officer Bonded Labourers for the Release and Rehabilitation for the Release (DPO) Muzaffargarh. The superior court also An analysis of HRCP annual reports from 1990 of expressed its displeasure that the practice of to 2007 reveals that LHC handled many cases bonded labour continues in violation of earlier of bonded labour and provided speedy relief judgments and law. The Supreme Court during these years. It was noted that following Registrar on 2 December 2006 dispatched the the encouraging court attitude and support

Interventions order to the provincial chief secretaries of all from human rights groups more and more peo- provinces in which the Supreme Court asked for ple sought help from Lahore High Court and the adoption of a mechanism under which brick number of workers released rose to hundreds. kilns are registered and the owners maintain regular record of workers employed by them. Statistics based on the HRCP annual reports

Effectiveness of The court also suggested that the chief secre- and newspapers show that about 3,486 work- taries should launch a campaign to control ers were released from bondage, mostly in bonded labour in their provinces. Punjab, through court intervention during the last decade. More specific data shows that in Despite these clear directives from the superior five years (2000-2004) Session Courts in judiciary, the officials paid little attention to the Punjab handled 143 cases of bonded laborers issue and as a result bonded labour, especially filed under habeas corpus (section 491 Cr. PC). debt bondage, is continuing in a number of In 87% cases, courts provided relief to workers brick kilns and peshgis are norm of the day in by setting them at liberty40. These statistics the industry even 20 years after the Supreme show mid level judiciary's active and positive Court declared it illegal. role in dealing bonded labour menace. High percentage of cases decided in workers' favour In addition to these major verdicts and general establishes the fact that exploitation of workers directives to administrative authorities, courts is rampant.. have provided relief to a number of bonded labourers both in brick kilns and agriculture Lahore High Court in a specific period of 26 sector. months (2003 to 3rd March 2005), dealt with 322 cases of bonded labour under habeas cor- community members. They further stated that pus petitions, and a majority of cases (66%) the landlords had restricted their movements were decided in favour of workers. In most and were forced to work. On the court notice cases, bailiffs, sometimes accompanied by they all were produced before the judge who let police, were sent to recover the workers. In them to go according to their will. some cases workers were found in inhuman conditions. For example, after a LHC bailiff Besides, the High Court Sub Divisional recovered 32 bonded labourers from brick kilns Magistrates (SDMs), who before 2001, had near Islamabad, it was discovered their captors judicial powers, also helped in the release of had sold the kidneys of five of the workers41. many Haris. They mostly acted on written appli- Agriculture cations filed by the bonded labourers them- 23 n agriculture sector, judicial intervention, selves or by human rights groups. The SDMs on Iinspired by the Supreme Court verdict of the written request of HRCP acted and got many 1989 on bonded labourers in brick kilns, has Haris released.

mostly been the result of human rights activism in Pakistan and media coverage of the issue since early In January 1999, two SDMs, along with the 1990s. In the late 1980s, civil society actors police, raided the land of influential landlords brought the issue of bonded labour in agricul- and released 36 and 13 Haris respectively from ture in Tharparkar, Mirpurkhas, Badin, Sanghar Sanghar and Umerkot areas42. and Hyderabad districts of Sindh into limelight. The HRCP formed a Task Force, which got the During the same year an SDM along with the Bonded Labourers bonded labourers released from the clutches of HRCP Task Force Hyderabad recovered 58 and Rehabilitation for the Release the abusive landlords. bonded haris from the private jail of landlord of Atta Mohammad Hingorjo. In March same year At several occasions, HRCP and other organiza- the SDM Khipro busted another jail of Sabir tions went to court for release of bonded Khetar and recovered 60 bonded workers43.

labourers. The petitions were mainly filed under Interventions habeas corpus and the courts, taking notice, In November 1999, on the order of SHC, about sent bailiffs who released Haris, many of them 50 Haris were recovered from the private jail of literally bound in chains. a landlord Allah Dino Mehar, who happened to be a retired Deputy Inspector General (DIG) of

Besides addressing the petitions filed by Police in Mirpurkhas. They had been in the cap- Effectiveness of human rights groups, Sindh High Court (SHC), tivity of the landlord since 199444. Hyderabad Bench, converted simple applica- tions into petitions and got many Haris In the absence of Hari courts, the SHC was the released. For example on November 29, 2001, only ray of hope for Haris, particularly those in the court freed 105 Haris, who were produced bondage, as Session Courts were not author- before the court by the police from the posses- ized to hear the cases of habeas corpus until sion of different landlords on court orders. They recently when Session Courts started hearing were brought from Sanghar and Mirpurkhas cases of bonded labourers. divisions. The court allowed them to go wherev- er they like and live a free life. Earlier on July 6, After a number of court decrees issued in favor the same year, the SHC Judge Justice Faiz of bonded Haris under which hundreds were Mohammad Qureshi freed 81 Haris. Two Haris, released, some of the later verdicts of SHC Chando and Mano Bheel had filed petitions in came as a great disappointment to bonded the court submitting that the landlord Sain Bux labourers and human and labour rights Kalhiyar in Tando Allahyar and Mir Hayat Talpur activists as they went against Haris. Human of Taluka Digri had confined their family and rights activists blamed poor understandings of the issue by some members of judiciary as the mailer46. main reason of such verdicts. In another verdict a Session Court in Legal experts and human rights activist while Hyderabad in 1999 dismissed a petition of a criticizing the complicated and weak judicial Hari against landlord Ghulam Hussain and his system say that by the time court bailiffs reach five men. The Judge ruled that the peasants to the places mentioned in the petitions for lacked sufficient evidence to prove the allega- release of the bonded labourers, the local tion whereas the fact was that contingents of authorities inform the landlords who shift the Army and Rangers in the presence of a labourers to other places but the court consid- Mukhtiarkar of the area, raided the private jail 24 er the claim of the petitioner as false. This way of the mentioned landlord and got released the victims are further victimized. Most of the 349 Haris from there. The case was decided cases in the courts have been filed under after seven years47. habeas corpus instead of bonded labour law

in Pakistan and ended at release of the labourers but no There is strong observation that the court deci- further action is taken against the powerful sions on bonded labour mostly depend on the landlords. background of the judge who is hearing the case. Unfortunately many judges are not sensi- The worst decision against bonded labourers tized on bondage. Those who have better came on January 9, 2002 when a SHC bench understanding of human rights provide relief; dismissed about 90 petitions pending at the others simply do not. It is also a fact that the 45 Bonded Labourers for the Release and Rehabilitation for the Release court for two years for release of Haris . members of judiciary are drawn from the lawyer of community and since human rights was not The decision was challenged in the Supreme included as a subject in the curriculum of the Court by the HRCP through former Law Minister Law Colleges--till few years ago when it was Iqbal Hyder who pleaded before the court that added-- many remain unaware of the concepts

Interventions SHC did not consider the Bonded Labour of the human and labour rights. (System) Abolition Act 1992. The final decision was awaited at the time of finalization of this Despite a few disappointing court verdicts, report. including dismissal of a bulk of petitions in 1999, the courts have continued to intervene

Effectiveness of In some cases the court decisions have and release bonded Haris. remained mixed and confusing: in petitions of similar nature the courts sometimes provide In the years 2000 and 2001, about 2,200 haris relief to the bonded labourers while in other were released through intervention of SHC cases they have been further victimized. This Hyderabad Bench alone after they were pro- attitude can be linked to the mindset of the duced in the court following notices served to judges and the legal support available to the the police officials and the landlords detaining complainant, besides political power and influ- Haris on agriculture lands48. ence of the accused landlord. A total of 5,687 and 2,71549 bonded labourers For instance, Lahore High Court had released were released through judicial intervention in 12 family members from forced labour in the agriculture and brick kiln sectors respec- Dipalpur in 1993. But later the same court in tively during last 15 years. another petition filed for recovery of bonded family from the farms of a zamindar, ruled Carpet weaving strongly against the petitioner, Allah Ditta, and rticle 11 (1) of the Constitution of Pakistan termed the petitioner as cunning and a black- Aforbids slavery and states that no law shall permit or facilitate its introduction into case of carpet weaving release and rehabilita- Pakistan in any form. Article 11 (2) prohibits all tion of children have come through social sec- forms of forced labour and traffic in human tor interventions such as TRDP intervention in beings. Article 11 (3) prohibits employment of Tharparkar which is discussed in detail in the children below the age of 14 years in any facto- coming chapters and also separately in the ry or mine or any other hazardous employment. report on carpet sector50. Also, Article 37 stipulates that it is the respon- sibility of the state to "make provision for securing just and human conditions of work, ensuring that children and 25 The first piece of legislation exclusively formu- lated on child labour is the Employment of Children Act 1991. The Act is critiqued as more

regulatory than prohibitive. The National in Pakistan Committee on the Rights of the Child was set up under this Act to advise the government and expand the schedule of occupations restricted for child work if and when required. Initially 29 occupations were declared hazardous for chil- dren. The list was expanded in December 2006 Bonded Labourers to 39 occupations. The civil society is advocat- and Rehabilitation for the Release ing to further expand the list i.e. include child of domestic labour in the list of hazardous occu- pations.

The Bonded Labour System (Abolition) Act, Interventions 1992, abolishes the bonded labour system with immediate effect and declares all bonded labour free and discharged from any obligation to render any bonded labour, or any form of

forced labour, or payment of debts. The Act pro- Effectiveness of hibits any person from extracting labour under forced conditions from anyone.

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

There is no major judicial intervention specific to carpet sector on record, however, general court verdicts in bonded labour equally apply to all sectors employing bonded labourers. In 26 in Pakistan Bonded Labourers for the Release and Rehabilitation for the Release of Interventions Effectiveness of CHAPTER FOUR State Interventions 27 tate intervention for release and Bonded Labour System rehabilitation of bonded labourers (Abolition) Act 1992 has remained halfhearted and in S many instances the government uring the government of the influential in Pakistan actions had been contradictory to the Dindustrialist Mian Nawaz Sharif, the parlia- Constitution, its own commitments, laws ment passed a new law known as "The Bonded and the ratified international conventions. Labour System (Abolition) Act"; which came into force on March 17, 199253. According to The first practical state intervention for the law, the bonded labour system stood abol- release of the bonded labourers can be ished throughout the country (Section 4(1) of Bonded Labourers traced in mid-1980s in Punjab in the wake the Act). and Rehabilitation for the Release of court orders and growing demand by of human rights activists for the release of This was a major legislative initiative on part of bonded labourers in brick kilns. the state of Pakistan, which for the first time accepted the existence of bonded labour at a

Police accompanied by the court bailiffs higher level and a law was made to bring it to an Interventions got the bonded people released. The end. Earlier, most of the governments had District Magistrates known as (DCs) and declined to accept the reality that bonded Sub Divisional Magistrates (SDMs)51 who labour existed in many sectors in the country, held both administrative and judicial pow- leave alone making any law for the abolition of ers before the 2001 devaluation of power this contemporary form of slavery. Effectiveness of plan, issued orders for release of the bond- ed labourers on complaints filed by family Though Supreme Court decision and rising members or human rights activists. human rights activism in the country were driv- According to a study52 in a few cases, ing forces in moving the government to bring in District Magistrates had forcibly freed the the law, the ILO also pushed the government to Haris from private jails. act accordingly. In 1991, ILO's annual confer- ence at Geneva noted that Pakistan needed to In 1992 the State also moved to enact a bring its laws in conformity with Convention 29 law in the wake of the 1989 Supreme Court on the abolition of forced labour to which it is a verdict and asked the government to take signatory. necessary steps to end the bonded labour, and also define the term "forced labour." The law, which first time defined "bonded Formulation of the specific law was the labour system" in the country, also has com- first major intervention on part of the prehensive provisions to bring this vicious cycle state. to an end. "All the customs, traditions, practices and all sion for resources. The first meeting of National contracts and agreements or other instruments Steering Committee was held on January 30, whenever executed, under which any person, or 2004, three years after NPPA was approved any member of his family was required to work which again creates doubts about the serious- as a bonded labour, became void and inopera- ness of the concerned authorities. tive." In April 2000, the government created a fund The law made any kind of forced labour includ- called "Fund for education of working children ing debt bondage a cognizable offence punish- and rehabilitation of freed bonded labourers able with imprisonment ranging from 2-5 years (BLF)," with an initial amount of Rs 100 million 28 or with fine up to Rs. 50,000, or both. The laws donated by Bait-ul-Maal. Despite the NPPA also made mandatory the formation of District and the creation of the fund the freed Haris are Vigilance Committees (DVCs) for implementa- living in subhuman conditions in camps around tion of the law and also to facilitate rehabilita- Hyderabad (Sindh). Money has not been used

in Pakistan tion of freed labourers. on the rehabilitation of those released from bondage. Though the formation of district vigi- Unfortunately, frequent changes in govern- lance committees (DVCs) in all the districts was ments and lack of seriousness on the part of mandatory according to the Bonded Labour those at the helm of affairs, delayed the imple- System (Abolition) Act, 1992, formation and mentation of the law and it took three years to functioning of the committees have not been notify Bonded Labour System (Abolition) Rules effective as there is hardly any DVC intervention 54 Bonded Labourers for the Release and Rehabilitation for the Release in July 1995 . The rules have provision of on record. of establishment of a fund for rehabilitation and welfare of freed bonded labourers. In 2004, the provincial governments of Sindh and Punjab notified formation of Vigilance National Policy and Plan of Committees in about 18 districts between

Interventions Action (NPPA) 2001 January to July 2004. But effective functioning ronically, it took the government another six of the committees is still a big question mark as Iyears to come up with National Policy and except a couple of DVCs rest of the committees Plan of Action (NPPA) for abolition of bonded have not been able to convene even initial labour and rehabilitation and release of bond- meetings.

Effectiveness of ed labour in 2001. The policy is credited to efforts of late Omar Asghar Khan, the then Police Intervention Labour Minister during the regime of General uring the military operation in Sindh in Pervez Musharaf. DDecember 1992, the military authorities rescued 288 haris from bonded labour camps The NPPA envisaged long and short term meas- run by an influential landlord Ghulam Hussain ures to bring bonded labour to an ultimate end Khokhar in Taluka Tando Allahyar in district and as well relief package to provide assis- Hyderabad55. tance in the form of housing, food, and basic amenities, including education to the children Three accused landlords were arrested but of released Haris living in makeshift camps. immediately released on bail. Later, it became obvious that the military action was rather Besides training of officials, formation and aimed at the specific landlord rather than get- activation of DVCs, creation of a high level ting bonded labourers freed. National Steering Committee for the Abolition of Bonded Labour and Rehabilitation of freed Police, the primary law enforcement agency in bonded labourers, the NPPA also has the provi- the country, have been reluctant in taking any direct action to free bonded labourers. It has seriousness and implementation of the law, mostly acted either on court orders or on the though a large number of bonded labourers are orders of Deputy Commissioners in the past. released during this period through courts For instance, the Police released 33 workers under habeas corpus petitions and NGOs' from a kiln in Gujranwala on the orders of intervention. Lahore High Court. But police also refused to register the case of 25-year-old young man who National Policy and Plan of Action was tortured by kiln owner on the account that for Combating Child Labour he asked the owner to pay official wages. ational Policy and Plan of Action for NCombating Child Labour (NPPA-CCL) was On many occasions the police failed to dis- formulated in 2000 to initiate phased elimina- 29 charge their duties leave alone any effective tion of child labour and eradicate the worst interventions for the release. In May 2004, a form of child labour. The NPPA-CCL has been landlord from whom a number of haris were criticized for being centralized, poorly-funded, freed, re-kidnapped 13 haris from camps over ambitious and for achieving little till to in Pakistan around Hyderabad. Though they were released date. The plan was reviewed in 2007 and the after human rights organizations' strong report is still due. protest, no action was taken against the cul- prits despite the fact that three FIRs were International Covenants and 56 lodged against them . Conventions Ratified by Pakistan akistan has ratified the related ILO Bonded Labourers It seems there is division within the government Conventions, i.e., ILO 1930 Forced Labour and Rehabilitation for the Release P of on the issue of bonded labour, depending on Convention (No. 29) and the ILO 1957 Abolition the background of those at the helm of affairs. of Forced Labour Convention (No. 105), which In 1996 a group of influential landlords were ratified after long gaps in 1957 and 1960 launched a campaign against those helping respectively. The ILO Minimum Age Convention release of bonded labourers and branded them (No. 138) 1973 was ratified after 36 years in Interventions as agents who were converting Muslims and 2006. The ILO 1999 Convention on the Worst non-Muslim Haris in to Christianity. As conse- Forms of Child Labour (No.82) was ratified in quence of this campaign Syed Qamarzaman 2001. The ILO conventions and international Shah, a big landlord, who represented Sindh covenants are not legally binding on the ratify- Abadgar Board and Sindh Chamber of ing country but indicate a government's com- Effectiveness of Agriculture called upon the then Chief Minister mitment to formulation of new laws or bring the of Sindh Abduallah Shah, himself a landlord existing laws in conformity with the standards from Dadu to stop the raids and ultimately spelled out, and to follow the committed provincial government withdrew support of the reporting and complaint mechanisms. The 57 work on release of Haris . international standards can only be used to put moral pressure on the governments to formu- The effectiveness of state intervention can be late policies and legislation and implement the gauged from the fact that in 12 years since the same. law was enacted in 1992, a total of 23 cases were detected under Bonded Labour System Besides ILO conventions, Pakistan also signed (Abolition) Act and the fine collected during this the UN Convention on Abolition of Slavery in period was Rs 6,100 only. Of the 23 cases 12 1957 and ratified supplementary convention in were detected in Punjab and 11 in Sindh and March 1958, which also became the basis for fine collected in Sindh was Rs 100 and in campaign against bonded labour. Punjab Rs 6,000 during this period58. These fig- ures themselves speak of government's lack of Pakistan also ratified the United Nations money for his treatment which can be provided Convention on the Rights of the Child (CRC) in from Zakat fund. However, the local Zakat coun- 1990. Pakistan sent its first CRC report to the cil's chairman has refused to help him. "He UN in 2000. This Convention is the only inter- refused on the ground that I don't belong to his national human rights treaty that expressly constituency, though I am from the same dis- gives NGOs a role in monitoring its implemen- trict," he said. tation under the Article 45a. About 70% of the respondents do not possess Government Welfare Schemes National Identity Cards (NIC), hence do not qualify for enrollment in voters' list thus lose 30 Zakat and Baitul Mal political power of a registered citizen. They are he Zakat and Ushar system implemented of no use to local political groups just because Tthrough an ordinance in 1980 collects fund they do not have votes. Of the remaining 30%, at 2.5% annually of all the declared assets of who had the NICs have not accessed the new

in Pakistan Muslims. This amount is spent on social welfare computerized ID cards. Lack of access to com- and distributed among needy and poor. In year puterized NICs and exclusion from the voters 2004, estimated Rs 10 billion were distributed lists make them politically weak, leaving them among 1.5 million poor Pakistanis59. vulnerable to exploitation.

Pakistan Bait-ul-Mal is another welfare scheme Sasta Atta Scheme established in 1992 aimed at providing assis- (low cost flour scheme) Bonded Labourers for the Release and Rehabilitation for the Release tance to those who are excluded from Zakat, he Punjab provincial government ran a of i.e. religions minorities and other socially and Tscheme during 2004-05 to provide flour to financially weak groups. poor people at discounted rates. The scheme was launched to help poor who were facing The two schemes, Zakat and Bait-ul- Mal, are hardship due to rising prices of daily use com-

Interventions aimed at providing financial help to poor and modities. Yet the scheme did not benefit brick needy particularly widows, handicapped and kiln workers. The workers had knowledge of the old. These schemes also provide cash to poor scheme as it was being advertised but were not as a support for dowry for marriage of their included in the list of beneficiaries developed daughters and some grants for study and other on recommendations of Union Council (UC)

Effectiveness of purposes. These schemes are suitable for work- Nazim. The workers were also excluded on the ers in bondage and an honest evaluation of pretext that they were not permanent residents their financial situation leaves no doubt that of the same UC. Since they live on the site, and they deserve benefits from these schemes are migrants at times from the same or other more than anyone else. These schemes can district, they are not considered as local com- also effectively help improve the conditions of munity. workers and in many cases can save them from a situation which turns in to bondage. However, Parha Likha Punjab (Educated Punjab) these schemes are not benefiting bonded he much-publicized scheme was aimed at labour. Majority of Muslim brick kiln workers Tincreasing the enrollment of children par- know of Zakat but have no access to this fund. ticularly in rural areas. Unfortunately, this scheme did not offer anything to the children of Ghulam Sarwar, 50 a brick kiln worker in brick kiln workers. The overwhelming majority Multan deserves grant from Zakat fund. He is (88%) of the brick kiln workers and their fami- suffering from arthritis and cannot work. The lies are illiterate with only 12% semi-literate earnings of his three children and wife, are with five years of schooling. hardly enough for two square meal. He needs At a brick kiln near Multan, a young brick kiln worker broke down a black and white TV - the only costly asset in his home followed by an advertisement. He did so soon after an adver- tisement of "Parha Likha Punjab" saying that "if his son cannot go to school, what the hell this Parha Likha Punjab will do." He has two children who do not go the school but roam around the work site as the man and his wife make bricks. 31 in Pakistan Bonded Labourers for the Release and Rehabilitation for the Release of Interventions Effectiveness of 32 in Pakistan Bonded Labourers for the Release and Rehabilitation for the Release of Interventions Effectiveness of CHAPTER FIVE Civil Society Interventions International Organizations/NGOs 33 nternational organizations particularly the establishment of Bonded Labour Research International Labour Organization's (ILO) Forum comprising eminent social scientists efforts had been instrumental in moving and researchers and sponsored a number of IPakistan government to take measures for studies. However, the forum has been rendered in Pakistan elimination of the menace of the bonded labour ineffective after first round of rapid assess- in recent years. ments in 2003.It is running a joint project with National Rural Support Programme (NRSP) for Though bonded labour is prohibited under the education of the children of released bonded Constitution of the country, ratification of ILO labourers in different camps in Hyderabad. It Convention by Pakistan60 provided a ground to has also supported another project of NRSP Bonded Labourers human rights and labour rights groups to under which housing is provided to released and Rehabilitation for the Release demand the government to comply with inter- bonded labourers in a camp near Hyderabad. of national laws and conventions. These specified ILO conventions have made the signatory coun- The ILO also has a special programme on bond- tries bound to eliminate forced or compulsory ed labour "Promoting the Elimination of

labour. Bonded Labour in Pakistan (PEBLIP)". The pro- Interventions gramme completed its first phase in 2007, The ILO has been instrumental in the drive under which the ILO provided technical assis- against bonded labour in Pakistan and besides tance to the Ministry of Labour (MoL), capacity providing support to local organizations for the building of government officials and judiciary,

release and rehabilitation of bonded labour, it and published a series of awareness materials. Effectiveness of has continuously pushed the Pakistan govern- ment to take necessary measures for elimina- Among other international organizations, tion of bonded labour. It is also noted that the Action Aid had supported different projects of Bonded Labour System (Abolition) Act 1992 local organizations providing services to was also the result of the ILO pressure61 on released haris in Sindh. . Pakistan government. National Organizations and Local The ILO claims that its Special Action NGOs (Agriculture) Programme to combat Forced Labour (SAP-FL) esides international organizations, many is providing technical assistance to support the Blocal NGOs with or without foreign support Ministry of Labour (MoL) and its partners to have intervened in the bonded labour. implement the National Policy and Plan of Awareness on bonded labour issue is the result Action62. of the work of these organizations.

The ILO has also supported a number of The Human Rights Commission of Pakistan research studies on bonded labour. It helped (HRCP) is pioneer in civil society interventions for the release and rehabilitation of bonded running schools for the children of the released labour both in agriculture and in brick kiln in haris in Hyderabad with the support from the Sindh and Punjab respectively. The Action Aid. Commission is the sole organization which has got the largest number of Haris released from The efforts of these organizations are both the bondage in agriculture. direct, i.e. facilitating release and rehabilita- tion of bonded labourers both in agriculture The HRCP Task Force based in Hyderabad has and brick kilns sector and indirect that is, cre- been active civil society initiative, which not ating awareness on the issue through seminars, only gets the bonded labourers freed but also workshops and conferences. 34 helps them in rehabilitation. It has bought 16 acres of land in Housri (Hyderabad) where freed Pakistan Institute of Labour Education and haris are rehabilitated and provided land for Research (PILER) Karachi is also among the key shelter. The Commission has directly national organizations which had played an

in Pakistan approached the courts and filed many writ peti- important role particularly in policy advocacy, tions for the release of bonded labourers and which resulted in the enactment of Bonded also helped them in court proceedings. The Labour (System) Abolition Act-1992 and in the Commission is one of the strongest advocates formulation of National Policy and Plan of on the issue of bonded labour. Action 2001. It has remained involved in advo- cacy campaign against bonded labour at all The Commission through its special Task Force levels. Besides, PILER had done six research Bonded Labourers for the Release and Rehabilitation for the Release based in Multan helps the victims of human studies and prepared papers highlighting the of rights violation including bonded laborers. The issue of bonded labour and emphasizing its Commission is not running any special project need63. or programme but it provides help in legal mat- ters to those workers who approach it with In 2005, Trocaire, an Irish organization came

Interventions complaints of confinement and forced labour. up with a bonded labour programme in The HRCP has helped many brick kiln workers Pakistan and has been supporting a consor- for their release. Most of these workers tium of NGOs with individual projects targeted approached the organization through local to bring an end to bonded labour. Trocaire-sup- activists. The Commission, as a policy did not ported group of organizations include, Green

Effectiveness of provide any shelter or any other rehabilitation Rural Development Organization, Bhandhar facility to brick kiln workers in Punjab. However, Hari Sangat, Justice and Peace Commission, it creates awareness on the issue. Marvari Development Organization, Society for the Protection of the Right of Child and PILER. In early 1990s, the Church also intervened and This is first ever major, one time intervention of got many haris released. They were taken to a NGOs in the issues of bonded labour as a num- rehabilitation camp run by a Church at Matli, a ber of organizations are simultaneously work- small town in district Badin. But as the Church ing on same issue through their individual proj- withdrew its intervention in bonded labour after ects. As part of the initiative, a National some landlords and religious clerics alleged Coalition against Bonded Labour has been the Church for converting Hindus and Muslim formed which is also being supported by the Haris into Christianity. ILO. This initiative has not been analyzed in detail in this study and requires separate analy- In Sindh, besides the HRCP, two NGOs-- sis once it completes cycle of first projects in Bhandhar Hari Sangat and Green Rural 2009. Development Organization (GRDO)--are active in intervening in bonded labour. The GRDO was Though not all NGOs have taken up the issue of bonded labour, majority of the right-based during informal discussions said since they organizations are against the practice and have know that Khokhar himself is a poor man, they raised this issue at different levels. do not trust that he can do anything for them and is able to fight with brick kiln contractors National Organizations and local and owners who are very influential, yet they NGOs (Brick Kiln) think he is a ray of hope and a helping hand in esides major national organizations, difficult times. BBonded Labour Freedom Front (BLLF)64, All Pakistan Federation of Labour (APFOL), Justice Bonded Labour Liberation Front and Peace Commission and other small organ- (BLLF) izations in Punjab have also raised the issue of here is no NGO working on this issue in 35 bonded labour at different forums, conducted TFaisalabad district at the moment. But in research and surveys on this topic and also the past some organizations had worked, helped in release of many bonded brick kiln helped bonded labour in release and left foot- workers. steps of good practices. One such example is in Pakistan Bonded Labour Liberation Front (BLLF). Formed Justice and Peace Commission of in early 1990s, it emerged as pioneer in taking Pakistan (J&P) Multan up the issue of bonded labour. The organization his organization, affiliated with the Church, work halted after it was split in different fac- Tstarted working on bonded labor in 2004. tions and one of its leaders took political asy- The Commission is running a project, funded by lum in Sweden. Bonded Labourers Trocaire, and seek to help bonded laborers in and Rehabilitation for the Release of obtaining NICs. If successfully accomplished Brick kiln workers in a shanty town known as this could have long term impact on the condi- Essa Nagri near Faisalabad say their children tions of these workers. The JPC also run schools used to go in schools established by BLLF in the for children of kiln workers in and around homes of brick kiln workers. The organization Multan and also help formation of kiln based was running about 20,000 schools at one time Interventions unions. in the province of Punjab including mobile schools, a former incharge of the project Muttahida Bhatta Mazdoor Union claims65. There were about 22 schools run by his fragile union of brick kiln workers is a BLLF in Faisalabad district alone, one of them Twork of activist Mohammad Hussain at Essa Nagari. Effectiveness of Khokhar, son of an old trade union leader. The union is not a registered body. Hussain, with the Brick Kiln workers and activists say that aware- help of a local journalist Imrana Komal, has ness created by the NGOs in Faisalabad has been helping brick kiln workers by highlighting resulted in reduction in torture by brick kiln their plight in the press and also helping them owners. "BLLF had an office in Faisalabad and file petitions through the HRCP. Press record that office was a beacon of light to workers. We maintained by Khokhar mentions a number of could go there any time and seek help, includ- workers released through his help. He himself ing legal aid, if we wanted to go to courts does not know the whereabouts of the released against the employer. It had a lot of impact. But workers. unfortunate end of the organization left us vul- nerable again," says a kiln worker at Sultan A number of respondents in Multan district say Town. the only person or organization they knew is Khokhar but they do not see any major inter- He says he himself got many people released vention on his part. Interestingly many workers following the Supreme Court verdict in 1988 with the help of BLLF. "I used to go to brick kilns where I knew workers were in bad conditions livelihood, improvement of education facilities and abused by owners. We took their belong- and mobilizing the community to monitor child ings on my donkey cart and brought them out. labour67. By June 2006, 3,441 children were But unfortunately all they are back and living in phased out from fulltime carpet weaving and of the same conditions because I don't have any them 82% were enrolled in schools68. The work alternate to provide them, not even a shelter." hours were significantly reduced from more than 8 hours at the start of the project to 4 National Organizations and Local hours daily in 2006. NGOs (Carpet Weaving) hardeep Rural Development Programmeme Community Intervention 36 T(TRDP) is the major organization, which has ntervention by the community, particularly intervened in bonded labour in carpet weaving Ifrom within the bonded labourers has been sector through its Child Rights Protection minimal. Given the socio economic vulnerabili- Project in Tharparkar district. ty of the bonded labour, it was difficult for them

in Pakistan to come forward and revolt against the strong The intervention in child labour in the carpet landlords but whenever they had the opportuni- industry was among the earliest initiatives ty they tried to break the chains: they just undertaken by TRDP as soon as it started work- escaped from the lands and sought refuge at ing as a local NGO in 1998. DFID-funded hari camps in Hyderabad. Since most of the Protecting the Livelihood of Working Children bonded labourers, those released and those Project was launched in November 1998 after still in bondage are schedule caste Hindus in Bonded Labourers for the Release and Rehabilitation for the Release the baseline survey was completed. The pilot Sindh, their voice goes largely unheard in a of project phase (November 1998-2001) Muslim majority state where injustice is ram- accessed 467 families in 45 villages and pant even for poor Muslims. brought out 1,107 children out of full time (9- 10 hours) work, reduced their working time to 3 Majority of the bonded labourers are low caste

Interventions hours and got them enrolled in primary Hindus in agriculture in Sindh and in Punjab schools66. those work on kilns are also from minorities (i.e. Christians) and are extremely poor so they TRDP's interventions in bonded child labour hardly had courage and means to revolt or adopted a right-based approach focusing on intervene at a large scale.

Effectiveness of three crucial factors impacting the lives of child-weavers: community consciousness, Throughout the last decade bonded labourers livelihood, education and the attitude of larger both in brick kilns and agriculture have organ- society. The tools used by TRDP included social ized several major protest demonstrations mobilization (to raise awareness and facilitate against injustice they were facing for decades. collective mechanisms), education support (to There are many examples in brick kilns as well provide quality education) and advocacy (to as in agriculture farms where bonded labourers garner wider support and replication). escaped risking their lives and approached human rights groups and courts for release of The success of the pilot phase was followed by the remaining family members and relatives. a four-year Child Rights Protection Project (2003-06). The project aimed to safeguard A major community initiative, particularly in 4,000 children from exploitative, hazardous agriculture sector, was the formation of Azad labour in carpet weaving and facilitate access Hari Union (AHU). It was formed at the conven- to 100% children to quality education. The tion of liberated haris held in Mirpurkhas on holistic approach included provision of micro September 15, 200069. It was the first initiative credit to the families to facilitate sustainable where thousands of freed haris gathered at "Hari Haqdar Convention" under the auspices the name of bonded labourers. Besides, there of HRCP and at the end of the moot they were also divided opinions within the party on announced formation of AHU aimed at organiz- the issue of bonded labour as many nationalist ing the people within the community to fight activists considered the issue of bonded labour against the menace of bonded labour. The con- a conspiracy to malign Sindhi culture, tradi- vention was followed by a massive rally led by tions and also to destroy Sindh's already poor Ms. Asma Jehangir, well-known human rights agro-economy. activist. The STPP was also alleged for using the Since then AHU has emerged as an initiative released bonded labourers for its political pur- from within the bonded labourers particularly poses. A number of bonded labourers, particu- 37 those who have been freed during the last one larly women, were used to be brought in the decade. It operates from informal offices political processions and demonstrations around the camps of bonded labourers and has organized by the party.

held many demonstrations on the issue of in Pakistan bonded labour. But the union depends on the It was the only nationalist party which not only work of HRCP and lacks the will and means for accepted the reality of the bonded labour in any independent initiative. The organization is agriculture in Sindh but also intervened. inactive since the last three years. Otherwise rest of the nationalist and other political parties of Sindh not only deny the exis- Political Intervention tence of bonded labour in the province but also Bonded Labourers irect political intervention in bonded criticized and opposed any intervention on the and Rehabilitation for the Release Dlabour was very limited and short lived. The part of human rights and labour rights organi- of first direct political intervention in bonded zations and termed it conspiracy against Sindh labour was observed in Sindh in early 1990s and an excuse to seek foreign funds. following the intervention of HRCP. A national-

ist political party - Sindh Tarqi Passand Party Besides STPP, another small group of political Interventions (STPP),- then known as Jeay Sindh Tarqi activists named Sindhi Sath also intervened in Passand Party-- headed by Dr. Qadir Magsi bonded labour issue. Newspaper reports show directly intervened in bonded labour. The STPP that the organization raised the issue, held sent its activists, with or without the help of demonstration and also helped released Haris police to the lands of landlords and got haris in settling down in Hyderabad. Again this inter- Effectiveness of released. The party, which at that time was an vention was also short-lived and they aban- emerging nationalist force, had the power to doned this work for unknown reasons. face the big landlords and its intervention was effective and speedy compared to those of The major national political parties have NGOs. While the NGOs had to wait for weeks for remained quiet on the issue of bonded labour. the help of courts and police, STPP activists Both the major political parties -- Pakistan directly went to the lands where haris were People Party (PPP) and Pakistan Muslim forced to work and got them released. It had League (PML) remained unclear on the issue. also set up a rehabilitation camp known as Qadir Nagar in Hyderabad where released peo- Feudal lords dominate both the parties and ple were settled. majority of the cabinet ministers during these regimes of the two parties were the big land- But this intervention was short-lived as the holders so there was no direct intervention on party gave up this work un-announced after the part of these parties as well as other main landlords alleged it for blackmailing. They political parties. alleged that the party is demanding money in Majority of the key members and office bearers opposition, Sindhi newspapers highlighted the of these parties do not accept the existence of issue positively. They published the stories on bonded labour but there are individuals within front pages along with photographs, which both the parties as well as among other parties drew the attention of authorities and also who have not only spoken against the bonded exposed a large portion of population to the labour but played their role in whatever action harsh realities of the bonded labour. the governments have taken so far. Besides stories and follow-ups. The Sindhi These parties, obliging international conven- newspapers published editorials, essays and tions, and also due to pressure from within the features. An analysis of the articles and stories 38 country by human right groups enacted laws show that media has been very sensitive on the against bonded labour. PML made the Bonded issue and whatever action we see on the part of Labour (System) Abolition Act 1992 and PPP government today, media has a main part in it. made rules and regulation for the law in 1995.

in Pakistan There is no other effective intervention on the Though Sindhi media's role has been very part of these two parties in eradication of bond- effective, English and Urdu media have also ed labour. given appropriate coverage to the bonded labour issue and has been part of the campaign The religio- political parties like Jamiat- Islami for release of the bonded labourers. Electronic (JI), which is also a major political force in the media, which saw growth of private TV channels country, has also not intervened. JI has a sepa- in recent years, has started highlighting the Bonded Labourers for the Release and Rehabilitation for the Release rate labour wing and its trade unions are more issue of bonded labour. of powerful in many public and private corpora- tions. Role of Trade Unions aisalabad city has good presence of trade Role of Media trade union Funions. The trade union leaders have tried

Interventions uring the last one decade media has to form an association of brick kiln workers and Demerged as a powerful tool of information such attempts have partially been successful. and has played a role of a watchdog. In many Interviews with leaders, activists and brick kiln instances media has been instrumental in mov- workers reveal that the presence of trade union ing policy makers and government planners to is helpful and can be considered as good prac-

Effectiveness of make pro-people policies. Media has played an tice, yet it is very fragile. Though the union important role in spreading awareness of claims some successes on its credit, it is split in human rights during the last decade and high- factions before it can have a major impact on lighted many issues which were earlier ignored. the situation of brick kiln workers. There are In many cases, it was because of the media cov- four to five splinter groups. erage that the authorities have taken some actions. Vernacular Sindhi press has played a Bhatta Mazdoor Mahaz crucial role In highlighting the bonded labour ctivist Rafiq Fauji runs this organisation issue. Awithout any office and address and has emerged as a powerful voice of laborers in gen- The media not only gave coverage to the stories eral and brick kiln workers in particular. In his of bonded labourers but many journalists were views, the situation of bonded labour and brick the part of rescue teams which went to the kiln workers is linked with over all labour rights lands and freed bonded labourers. Human scenario and until federal government did not rights activists70 confess that without the media change its policies, chances of improvement support their work of release of bonded labour are very dim. could not have been possible. Despite strong Bhatta Mazdoor Union workers. Others accused him of compromising his is registered union of brick kiln workers on workers rights and this led to split in the Tin Faisalabad, registered in 1985 and union which is now splintered in to three headed a veteran labor leader Aslam Wafa groups. since 1987. He himself is not a brick kiln work- er but a trade union leader and head of a feder- In Faisalabad, the brick kiln workers, particu- ation, which has several affiliated unions..The larly those working at kilns near the city, are union claims having 400 members--all brick integrating themselves with workers in other kiln workers. But even this number is very small sectors in recent years and there is more inter- given the number of brick kiln workers in the action between industrial trade unions and district. The district has some 800 brick kilns brick kiln workers. On May Days a number of 39 with thousands of workers. kiln workers join in the rallies organized by dif- ferent unions to commemorate Labour Day. The union takes credit for increase in wages. Similarly, a number of kiln workers have partic-

The union has several documents showing that ipated the hunger strike camp of power loom in Pakistan after protests and negotiation by the union the workers and participated in demonstrations owners enhanced the rate which were less than during recent years. Though a small number of minimum wage at that time. The union accept- kiln workers are associated in unions, they are ed and had an agreement on rates less than actively engaging with other unions and that is that of official minimum wage. The union presi- a positive development. dent claims even this was good for brick kiln Bonded Labourers for the Release and Rehabilitation for the Release of Interventions Effectiveness of 40 in Pakistan Bonded Labourers for the Release and Rehabilitation for the Release of Interventions Effectiveness of CHAPTER SIX Rehabilitation Brick Kiln 41 rovision for rehabilitation is a part of income, we were unable to survivee. They Bonded Labor System (Abolition) Act, (activists) just helped us in release and then 1992, for which funds have been allo- suddenly we were on the road. It was really a dif- Pcated by the government. However, no ficult period," he recalled. He had no other in Pakistan mechanism was spelt out hence stakeholders option but to go back to a kiln -- the only kind of fighting for the cause of bonded labour faced work he and his family were skilled for. "We crucial issues. decided to find work at a kiln. Initially, the owner was nice and we also did not take any There is hardly any mechanism in place for advance," he explained.But ten years down the rehabilitation of bonded labourers in Punjab in road, Din Mohammad and his family of six Bonded Labourers general and in the two districts under study in members is again in bondage like situation with and Rehabilitation for the Release particular on part of organizations working on a debt accumulated to Rs 60,000 at a kiln in of the issue of bonded labour in these areas. Ahil Ke Wasti in Multan district. He and his fam- Unlike Sindh, there are no rehabilitation camps ily, which include his wife, two young daughters, in Punjab and whereabouts of those released son and a daughter- in-law --all work as brick

remain unknown. Press reports and NGO makers. Interventions records show a number of bonded workers were released from brick kiln mainly by the interven- Neither government nor any NGO has any reha- tion of the courts. But hardly anyone knew bilitation plan/scheme for those released from where these workers have gone after the bondage. The work force in the brick kiln indus-

release. try is landless and shelter less, working from Effectiveness of one kiln to another. In case they dared to break It is a common impression that those released the chains of bondage either directly approach- usually come back to the same work. They may ing the courts or through organizations, the have not joined the same employer but they are freedom proved to be short-lived and even in the similar situation as before-in debt those who facilitated their release think that bondage. things are not moving in right direction.

Din Mohammad Khokhar, 45, a brick kiln work- “Those released have gone back and are doing er got freedom ten years ago with the interven- the same work. Many of them are even in worse tion of a local activist. "We were happy at the conditions than before. They were released but time of release as we thought it was an end of there was no system -- either to provide them an dark times," Din Mohammad recalls. But his alternate livelihood or employ them in the same optimism was short lived as the released family industry on better conditions. This is a complex found it difficult to adjust in the post- freedom issue needed to be looked from different angles period. "We have a large family and without a and any single approach will not help in ending home of our own and any other source of the menace of bondage. We need a well thought out strategy and planning to deal with the issue and activists think that at least there is a shel- otherwise there will be no use. Even I do help ter for released workers. It also provides an and get people released in extreme cases but opportunity to the community to live at one the need is to have some rehabilitation plan”. place where they are in a position to help each (Advocate Rashid Rahman, HRCP Taskforce other. head in Multan) Those residing in camps complain that they None of the organizations working on bonded lack documents. After escape or release labour in Punjab has rehabilitation plan includ- through any source, the landlords chase Haris ed in their interventions and this is a major and send threatening squad to them. Landlords 42 problem faced by workers after release. It keep Haris frightened and anxious in an uncer- would be very important that organizations as tain position. In the given conditions, many of well as their donors must take into account this them are afraid to step out of the camps as they issue before designing any further interven- do not have documents and no evidence of

in Pakistan tions. their freedom. High level of insecurity among the residents of the camp that make sure they Agriculture carry visiting cards of NGO activists when they f rehabilitation means temporary, makeshift go out. Despite efforts by few NGOs a number Isettlement of Haris in thatched huts, then of residents of these camps remain without that is being practiced in Sindh. If rehabilita- NICs. Securing NIC for a released bonded tion means financial support, permanent shel- labourer is a challenge as the registration Bonded Labourers for the Release and Rehabilitation for the Release ter, freedom from fear of being kidnapped by authority needs documents of family members of landlords, having a regular source of livelihood, and attestation by officials or local government children going to schools, health facilities then representatives which often is difficult require- this type of rehabilitation is absent at the ment to fulfill. camps of freed Haris near Hyderabad in Sindh.

Interventions Rehabilitation in carpet weaving While living at the camp a family cannot avail s a result of various projects of the TRDP any basic facility at its doorstep because the Amany indebted families have been rehabil- family has no ownership of the land where it itated and the children working in those indus- lives. Until they have legal rights of the land, tries have been sent to schools. Microcredit

Effectiveness of they cannot avail facilities like health, educa- and marketing support to the indebted tion, and construction of houses. They are weavers' families have played a major role in uncertain about their future. loosening the grip of the contractors/money- lenders. TRDP's own assessment in 2006 indi- The HRCP pioneered rehabilitation camps. cated that now 85 percent of the households According to the members of the Commission, take loans from TRDP instead of traditional initially these camps were established as tem- lenders; 90 percent of the households now own porary shelter for those who secured freedom their own looms and the annual household from the clutches of landlords. As no further income has increased more than two-fold. The intervention, or permanent solution was put improvement in economic conditions of the forth by the state or any other agency, these households has impacted positively on chil- camps gradually came to be taken as perma- dren. nent resident by thousands of released Haris who have no other place to go. TRDP's intervention in education has proved to be the other major pillar of the programme. In comparison to Punjab, these camps are con- Unless education facilities were made accessi- sidered a blessing as both released workers ble the weavers' children would not have bene- fitted from enhanced income of the household and enterprise development, community infra- alone. TRDP established 50 non-formal educa- structure, natural resource management and tional schools, 15 chouphras to support education and health initiatives. In addition to schools, 7 libraries or learning resource centres adult groups or PDC, children's groups or and trained 350 government primary schools organizations have also been facilitated by the teachers. TRDP also linked up non-formal TRDP. schools with the government schools for smooth transition of children to mainstream According to the present assessment the COs education system. provided a forum to the phased out children to get together for social interaction, play and Impact of Social Mobilization study. This facilitated their integration into as 43 RDP's social mobilization component - a normal a childhood state as possible in still Tbuilt-in feature and the foundation stone of struggling weavers' households where now they all its projects - is based on the premises that could go to school full time, that is up to 12.30

unless the communities are aware of the need or 1 pm, and work on looms part time in the in Pakistan of change, strive through collective decision to evening, or whenever they feel like it. bring about change and own the process lead- ing towards it, sustainable development is not The COs have great potential to benefit children possible. To get the ball rolling, TRDP facilitates in their personality development and mental community organization in the shape of Para and emotional growth but it seems TRDP has Development Committees (PDCs). All change- still a long way to go. Membership of the COs is Bonded Labourers oriented activities are then undertaken collec- limited and fewer working children are mem- and Rehabilitation for the Release tively by PDCs and these include microcredit bers of their respective COs. of Interventions Effectiveness of 44 in Pakistan Bonded Labourers for the Release and Rehabilitation for the Release of Interventions Effectiveness of CHAPTER SEVEN Recommendations 45 „ All forms of bonded labour are prohibited „ Provincial labour departments are duty under the national and international laws. bound to protect rights of labourers in The government should strictly enforce all every private establishment. Strict rules on

the laws and international conventions in inspection be made to ensure the officials in Pakistan all the sectors. Special attention is of Labour Department visit the required on implementation of Bonded establishments regularly and enforce the Labour (system) Abolition Act 1992. concerned labour laws. „ Bonded Labour Fund, established in 2001 „ The Child Rights Protection Project (CRPP) as part of the National Policy and Plan of of TRDP is working with 1,700 out of 2,100 Action remains unutilized. Special projects weaver families. There is a need to benefit Bonded Labourers

should be initiated to utilize those funds all weaver families. This could be done if and Rehabilitation for the Release

specially for the rehabilitation of freed the project is extended for next five years. of bonded labourers. „ Lack of shelter and landlessness are key „ Social protection is important for poor and issues attached to bondage in all sectors. vulnerable. It's important that the

It's important that state land is distributed government gives priority to bonded Interventions among bonded labourers and they be labourers in social protection schemes. provided with official entitlement Kiln workers, as industrial workers, can documents of places where they reside now easily be incorporated in formal social or given an alternate place for shelter. security schemes if provincial labour

„ Minimum wages have been fixed by the departments seriously do the registration Effectiveness of government to protect rights of labourers, of kilns. Workers in agriculture can be but it is observed that it is not accommodated in informal social implemented. In bonded labour afflicted protection schemes such as Zakata and sectors, those wages have either not been Baitul Mal etc. fixed or lack implementation. The „ Labour inspections are important to check government should implement the violations of labour rights. Government minimum wages in brick kiln, agriculture must effectively revive labour inspection and carpet weaving sectors. system. „ The labourers in general and brick kiln, „ The government should announce a agriculture and carpet weaving workers in rehabilitation package for released bonded particular cannot avail the state-run pro labourers which include cash money and grammes and social security benefits. alternate livelihood and a piece of land. Policy level changes are needed to make „ Implementation on Bonded Labour System these schemes universal and (Abolition) Act 1992 is the key, and implementation ensure so as to provide all government and CSOs should make efforts such facilities to every labour. for implementation of the law in earnest. Cases must be filed under this law. this menace. It should highlight the issues „ Police and other government departments on its own but CSOs must also liaison with should be sensitized on the issue of media groups in this regard. bonded labour and it should be included as „ Major trade unions have not taken the part of manual at police training issue of bondage seriously. It is important academies. that they put this on priority issue of their „ CSOs should liaison with Bar Associations programmes and exert pressure on for formation of permanent legal aid government for the eradication of bonded committees, particularly in districts prone labour. to bonded labour. „ There is also a need to synergies different 46 „ Political parties should clearly mention interventions so that an effective system eradication of bondage in their can be devised to help those in bondage. manifestoes with commitment on what This can be done by bringing all actors they will do. CSOs should lobby with involved in different interventions at one

in Pakistan political parties. place to divide responsibilities, avoid „ General awareness on the issue of repetition and chalk out a need-based bondage must continue as still a majority strategy. 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 Bonded Labourers for the Release and Rehabilitation for the Release of ManoMano stillstill waitingwaiting forfor hishis familyfamily ano Bheel, 70, an ex-bonded Hari is a Disappointed at the state apathy, Munno classical example of the indifferent started hunger strike to protest against the Interventions M attitude of the state as despite all efforts his kidnapping of his family. He set a record while nine-member family remains in the custody of remaining on hunger strike for three years. a landlord. This case also shows political power and the In May 1998, some gunman kidnapped nine clout of the landlords in Pakistan. Despite Effectiveness of members of Mano's family from village clear instructions by the government and the Waryam Memon where he had settled two Supreme Court, police have not been able to years after his release from the bondage recover his family members. It was only along with other 70 haris with the help of recently when the accused landlord was HRCP. He alleges that his earlier landlord arrested but later released on bail. Abdul-ur-Rehman from whose land he got freedom was behind kidnapping of his family Supreme Court of Pakistan has intervened members. and ordered officials to recover Manu's fami- ly but all seems helpless against an influen- Till now there is no trace of his family mem- tial landlord. bers despite the fact that he lodged an FIR against the influential landlord and many Many a times Manu had received threats to national and international human rights his life so that he would withdraw his protest. organizations have raised voice against this But he continues his struggle hoping one day injustice since then. justice will be done to him. Notes 47 1This information was provided by Ministry of Labour in the National Assembly on 25th June 2004 in response 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 of Slavery, June 2004, Geneva. in Pakistan 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. Bonded Labourers

These were published in 2004 and are available with ILO Islamabad Office and Ministry of Labour. and Rehabilitation for the Release

10Bonded Labour System( Abolition) Act was formally notified on 17 March 1992 through Gazette of of Pakistan (Extraordinary). 11Sec 4 (1) of Bonded Labour System (Abolition) Act 1992, Gazette of Pakistan Extraordinary, 17 March 1992, 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. Interventions 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 Pakistan Federation of Labour (APFOL). 17 Field work and random survey conducted by PILER for the purpose of this study. Effectiveness of 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 six monthly 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 the Improvement of Working Conditions and Environment Lahore, Pakistan & UNICEF 25Pakistan 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. 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 01/1988 38HRCP 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 2002 42The News International, January 16, 1999. 48 43HRCP Annual Report 1999. 44HRCP Annual Report 1999. 45Daily Dawn, Karachi, January 10, 2002 46HRCP Annual Report 93. 47HRCP Annual Report 1999. in Pakistan 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 2001 after the introduction of devolution of power plan by General Pervez Musharaf. 52Bonded Labour in Agriculture, rapid assessment in Sindh and Balochisatn-ILO March 2004.

Bonded Labourers 53 for the Release and Rehabilitation for the Release Gazette of Pakistan, Extraordinary , Part I, March 17, 1992- Islamabad of 54S.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 in Interventions response 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 with convention 29 on abolition of forced labour. 62 Effectiveness of Roger 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, Annual Progress & Process Report 2002-03, TRDP 67Ibid 68Project evaluation of the Protection of Rights of the Working Children in the Carpet Industry in Thar Desert (Feb 2003-June 2006), Irfan Khan, Final Draft, 10 Oct 2006 (TRDP official document) 69MH Khan, Daily Dawn, Karachi, Sep, 16, 2000 70Aftab Ahmed, HRCP, Task Force Hyderabad.