Child labor and Trafficking in Pakistan (Sharing some Thoughts)

Child Labor, Trafficking and the Laws around it (Pakistan)

The issues of child labour and trafficking are complex and tied together. These issues cannot be effectively dealt with if they are considered as two separate issues. Normally the economically weak or people on/under the poverty line with hopes of a better life in society falls easy victims to abuse and exploitation in labour as well as trafficking. In such cases, women and children are more vulnerable, but that does not mean that adults (men) are not trafficked or exploited.

A child forced to earn for the family is the main or maybe the only source of the family income. This fact puts a substantial responsibility on his/her young and weak shoulders. In process of disposing of his/her responsibility of earning for the family, this child sacrifices her/his childhood and gets exposed to all the challenges for which she/he might not be mentally and physically ready. Thus, a child may it be a male or female is exposed to all sorts of abuse.

The federal bureau statistics (1996) found 3.3 million children out of 40 million (in the age of 5-14 years) to be economically active. Based on a literature survey conducted by VISION, it was noted that current laws (International, national and provincial) are contradictory to each other on the issue of child labour starting from the very definition of it i.e. convention of the rights of the child (minimum age 18 years); in contrast, Article11 of the constitution of Pakistan defines the minimum age as 15 years.

In order to regulate child labour by defining the age of a child is in itself a major challenge. The only few documents that can verify a child’s age is a birth certificate, but if one does not have this document then National Identity Card (NIC) is the only legal document that can verify a child’s age. Even in 2011, not every mother is fortunate enough to be taken to hospital for delivery and still in many situations the traditional methods are preferred. Why? It has its own complications and needs a proper investigation but at least it rules out the possibility that not every or even most of the children can have a birth certificate. Similarly, if the minimum age of a child is 15 years (CRC, The Factories Act 1934, The Compulsory Education Act 1994) and he/she can earn for her/himself or family after attaining the age of 15 then the only question that comes to mind “How and what determines the age of a child to see if the child is 15 years old or not?” An individual gets entitled to NIC at the age of 18 only.

Apparently, former legislations are more aimed at regulating the issue of child labour instead of obstructing and declaring it illegal. If the intent of these legislations was to regulate child labour then there should have been proper arrangements and mechanisms well in place to ensure the implementation of the said laws. Moreover, realistically a child is not employed with any other intent but cost-effectiveness and obedience/compliance. Therefore, regulating child labour with such high expectations without a proper mechanism/system to ensure the implementation of laws is nothing but living in a fool’s paradise.

There is scarcity and need for new legislation regarding both child labour and trafficking; especially in a current political scenario where people are not only trafficked or forced into labour of all kinds but also are used in terrorism. With society becoming more accepting of children working and “earning for the family” it becomes much more alarming than ever.