2320gaining. The second provision is an attempt to weaken the power of the federations.This amendment has been challenged by the trade unions and, as a result, has notyet come into force. Late in 1997, the Prime Minister announced the Government’snew investment policy, under which, in order to improve working relations amongemployees and employers, trade union activity would be industry-based and not factory-based.The new policy also decrees that, in order to check the growth of tradeunions, unions receiving less than 20 percent of the votes in a referendum are tobe dissolved automatically and their registrations canceled. No action has beentaken to implement these elements of the investment policy.The ILO has stated repeatedly that current law and practice violate the Government’scommitments under ILO Convention 87. The ILO has urged the Governmentto lift prohibitions against union activity with respect to teachers, radio, television,railway, forestry, hospital, banking, and other Government employees, as well as torescind the existing ban on strikes. The ILO also expressed concern about the practiceof artificial promotions that exclude workers from the purview of Convention111. In response to a Government request, the ILO has provided technical assistanceto help bring the country’s labor laws into conformity with the ILO’s conventions.However, no legislative remedies have been applied.In 1994 a government task force on labor recommended improvements on workerrights problems, which formed the basis for the development of a new governmentlabor policy. The Government has not approved the new policy; however, it has implementedtwo components of the proposed policy: 1) improvements in the workers’welfare fund; and 2) increases in social security benefits for workers. Federationsare free to affiliate with international federations and confederations. Pakistanitrade unions belong to the ICFTU and to secretariats affiliated with the ICFTU.The United States revoked generalized system of preferences (GSP) trade benefitsin 1996 for failure to make progress on worker rights issues.b. The Right to Organize and Bargain Collectively.—The right of industrial workersto organize and freely elect representatives to act as collective bargaining agentsis established in law. The IRO prohibits antiunion discrimination by employers.Under the law, private employers are required to reinstate workers fired for unionactivities. However, in practice, such redress has not been available to workers, becauseworkers usually do not pursue redress through the courts due to the fact thatthe legal system is normally slow, prohibitively expensive, and sometimes corrupt.In general, legal unions have the right to bargain collectively. However, the manyrestrictions on forming unions (see Section 6.a.) preclude collective bargaining bylarge sections of the labor force like agricultural workers who are not provided withthe right to strike, bargain collectively, or make demands on employers. The NationalBank of Pakistan Employees Union filed suit against the Government for implementinga banking companies ordinance that prohibited union activities in banksduring working hours and allowed only current bank employees to serve as banktrade union officials. Labor unions report that workers are given artificial promotions(such as a new title with no salary increase) to make them ineligible forunion membership. This practice is prevalent in the financial sector, particularlyamong foreign banks.The ESMA also restricts collective bargaining. For each industry subject to theESMA (see Section 6.a.), the Government must make a finding, renewable every 6months, on the limits of union activity. In cases in which the Government prohibitscollective bargaining, special wage boards decide wage levels.The boards are established at the provincial level and are composed of representativesfrom industry, labor, and the provincial labor ministry, which provides thechairman. Despite the presence of labor representatives, unions generally are dissatisfiedwith the boards’ findings. Disputes are adjudicated before the National IndustrialRelations Commission. A worker’s right to quit also may be curtailed under theESMA. Dismissed workers have no recourse to the labor courts.The ESMA exempts export promotion zones (EPZ’s) from the IRO’s granting ofworkers the right to form trade unions. There is only one EPZ, in Karachi, withnearly 6,000 employees, according to government sources. In 1996 the Cabinet decidedto withdraw these exemptions beginning in January 2000. However, the Governmenthas stated that it will honor agreements with investors regarding the exemptions,making it unlikely that the EPZ’s exemption will be lifted before 2001.c. Prohibition of Forced or Compulsory Labor.—The suspended Constitution andthe law prohibited forced labor, including forced labor by children; however, theGovernment does not enforce these prohibitions effectively. Critics argue that theESMA’s limitation on worker rights, especially the right to quit, constitutes a formof compulsory labor. The ILO has objected to this violation of Convention 29. TheGovernment has responded that the maintenance of essential services is requiredfor the defense and security of the country, and that continued reviews have limitedVerDate 11-MAY-2000 13:46 Sep 20, 2001 Jkt 071555 PO 00000 Frm 00164 Fmt 6601 Sfmt 6621 F:\WORK\COUNTRYR\S71555\71555.036 HINTREL1 PsN: HINTREL1
2321these services to a few core areas like electricity generation and distribution, andair and sea ports.There is a reasonable basis to believe that handmade bricks and hand-woven woolcarpets are produced with forced or indentured child labor. Illegal bonded labor iswidespread. It is common in the brick, glass, and fishing industries and is foundamong agricultural and construction workers in rural areas. A 1998 study by atrade federation reported that over 200,000 families work in debt slavery in thebrick kiln industry and there are reports that this figure has grown with the arrivalof Afghan refugees to the country. The Bonded Labor Liberation Front (BLLF) isan NGO that advocates for the rights of bonded laborers and provides a safe havenand educational and vocational training for those who have escaped their bondage.The BLLF states that it freed 820 bonded brick kiln workers (including 351 children)in 1999. There is no evidence that bonded labor is used in the production ofexport items like sporting goods and surgical equipment. However, bonded labor reportedlyis used in the production of carpets for export under the peshgi system,by which a worker is advanced money and raw materials for a carpet he promisesto complete. Many workers do not realize the extent of their exploitation. The lackof education among bonded laborers deprives them of the ability to perform the necessarycalculations to know when they have paid their debts to bondholders. Bondedlaborers who escape often face retaliation from former employers. Although policedo arrest violators of the law against bonded labor, many of these individuals bribethe police to release them. Conservative estimates put the number of bonded workersat several million. The Government disputes that peshgi workers are ‘‘bonded’’or ‘‘forced’’ laborers and argues that they are ‘‘contract laborers’’ who negotiate a salaryadvance in a free and open market.Human rights groups report that as many as 50 private jails housing some 4,500bonded laborers were maintained by landlords in rural Sindh (see Section 1.d.).The suspended Constitution and the law prohibited slavery. However, in remoteareas of rural Sindh, bonded agricultural labor and debt slavery have a long history.Landlords have kept entire families in private prisons and sold families to otherlandlords.The Bonded Labor System (Abolition) Act of 1992 outlawed bonded labor, canceledall existing bonded debts, and forbade lawsuits for the recovery of existing debts.The act makes bonded labor by children punishable by up to 5 years in prison andup to $900 (PRs 50,000) in fines. However, the provincial governments, which areresponsible for enforcing the law, have failed to establish enforcement mechanisms.Furthermore the law is written in English and is frequently incomprehensible topersons it is intended to protect. Hence the law is ineffective. Lacking employmentalternatives, many workers who have been freed end up returning to bonded labor.In April General Musharraf announced that approximately $1,700,000 (PRs100,000,000) have been designated to fight bonded labor. However, these funds werenot allocated by year’s end.There are reports that children in juvenile detention facilities are required towork. Children at the Karachi Central Jail, who either are imprisoned for crimesthey have committed, were detained with their parents, or were born in jail reportedlyare involved in woodcrafts and television repairs (see Section 6.d.). Verifyingthese reports is difficult because of limited outside access to the jail.Trafficking in children is a problem (see Section 6.f.).Children sometimes are kidnaped to be used for forced labor. According to 1996ILO estimates, 3.3 million children between the ages of 5 and 14 years (about 8 percentof this population group) are ‘‘economically active.’’ Of these, about two-thirdswork in agriculture. Seventy percent of the working children have the status of ‘‘unpaidfamily helpers.’’ Many observers believe that the ILO estimates understate thetrue dimensions of the problem. Observers also believe that the incidence of bondedlabor among such children is significant, but there are no reliable figures availableon this. Some boys, usually between the ages of 6 and 9, are taken to countries inthe Persian Gulf to serve as camel jockeys (see Section 6.f.).d. Status of Child Labor Practices and Minimum Age for Employment.—Childlabor is common and results from a combination of severe poverty, employer greed,and inadequate enforcement of laws intended to control it. The suspended Constitutionprohibited the employment of children aged 14 years and under in factories,mines, and other hazardous occupations. The Employment of Children Act of 1991,whose provisions were extended by the President in 1998 to the FATA, prohibits theemployment of children under age 14 in certain occupations and regulates their conditionsof work. Under this law, no child is allowed to work overtime or at night.Penalties for the violation of the act include fines of up to $335 (PRs 20,000) or 1year in prison. The Government acknowledges that child labor is a problem. TheVerDate 11-MAY-2000 13:46 Sep 20, 2001 Jkt 071555 PO 00000 Frm 00165 Fmt 6601 Sfmt 6621 F:\WORK\COUNTRYR\S71555\71555.036 HINTREL1 PsN: HINTREL1
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2163All factions probably hold poli
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2183ment of the split verdict in th
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2215Accountability remains a seriou
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2261and ‘‘inhuman treatment.’
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2263illustration of the consequence
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2267lations governing Internet acce
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- Page 117 and 118: 2273pali Congress Party flags. A bo
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- Page 121 and 122: 2277of the monarch who allegedly ki
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- Page 155 and 156: 2311sioners review blasphemy cases
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