Child Domestic Labor

1. Child Domestic Labor Public- Private and Formal – Informal Dichotomies or Children under Torture Conference Organised by SPARC October 29 2011

2. Profiling Child Domestic Labor (CDL) • Case of CDL -invisible and gendered dimensions • CDL is worst forms of child labor (ILO C: 182)but not accepted in Pakistan as such - who resists? • CDL a multi-sectoral comprehensive violation of rights under CRC (best interests; protection, family, identity, health, nutrition, education and recreation) • CDL and the informal sector- eluding laws and monitoring

3. Case of CDL -its invisible and gendered dimensions • Study after study highlights (UNICEF 2008, ILO 2006; SPARC 2005, 2010; ,SAHIL 2011, PIDE 2005) point towards : • Invisible dimension of child domestic labor • Gendered dimension of CDL- the girl child • Across socio-economic classes dimension of CDL • Low paid dimension of CDL • Informal nature of labor –unregistered • Private-Public dichotomy of CDL – a private affair ! • Violence Against Girl Child Dimension of CDL

4. Profiling CDL • Needs little skills, training and education thus very low paid and considered a ‘subsidiary activity ‘ with little value at all ' • CDL more common among girls in South Asian countries compared (90% are girls) • CDL found in homes across all classes – demand is huge due to low wages & informal/unregistered nature. • CDL increases in emergencies/conflicts/displacement • CDL cannot stand alone, but case is strengthened alongside the linked issue of domestic workers (largest in number), invisible, gendered/femization, low paid, and not categorised as ‘workers’ ( Shahid 2007)

5. Children in CDL – How? • Cheated and lured through false promises by recruiters : who could be: family member, friend or employer • Through migration from rural to urban areas • Through Parents or guardians seek employment or place their children into debt bondage : Difficult to differentiate between a relative, a broker or a trafficker. • Through contacts of immediate or distant relatives to have food, clothes and shelter provided to the child as payment for services • Through labour bureaus or street agencies with brokerage fees and transport other costs that leave the child eternally indebted to them. • Through terms of “false adoption”…giving impression that the child has been adopted in the family, but the child is exploited as free labour..hardest to reach under the pretence of being part of the family. • In India/(and Pakistan), children are sometimes given for domestic labour as part of “Shreedhan” (dowry) along with clothes, kitchen utensils and furniture1. CDLs to be ‘things’ or a possession ..used as one pleases.(D’Sami, V.) • Collusion of : Workplace, Community & Home overlapping dimensions

6. The Story of Nasreen • “My Father forcefully brought me to work as domestic labor. I must have been 10 years old.  I told my father many times that I am being tortured by the employer’s family but he did not take any notice. I have never been to school. No one thought about my happiness and sorrows. I expressed this interest to my father that I want to go to school but he did not notice of my desire. My vision is to study and become a doctor. • “I used to work like a machine,  washing utensils, clothes and sweeping.  I don’t know how much they were paying to my father for my services” • Nasreen sorrowfully shared this information –(Child Protection Bureau –CBP 2009)

7. The Story of Fatima • “My aunt Khursheed brought me to the house for work. “All family members of the employer were treating me like an animal. Begum Sahiba would awake me at 5.am in the morning beating me up with plastic pipes. She used to abuse me and thrashed me on little mistakes.  I used to work from 5.am to 12:00am but some time till 2:00 a.m…my meals was scanty .. few pieces of bread with left over gravy only once a day. If I asked for food, they gave me a slap saying that this is your lunch or diner. I had been sleeping under the stairs in such hot weather with out bedding. The family even threw boiled water on my body for minor mistakes. They were only paying 500 rupees as wage used by my family” • My main duties were washing utensils, washing clothes and sweeping.  I found no one there who could have saved me from torture. No one heard my screaming. One day our neighbors, after hearing my screams called the police. When the police rescue team arrived, the employer’s family locked me in the bathroom. • The police arrested Mr. Sheikh Iftkhar head of the household of the employer’s family. I was afterwards taken to court with the team of Child Protection Welfare Bureau, Lahore.  Here, I am also getting medication and now my scars are getting better.”  Fatima’s own words

8. CDL Continuum: 8 Faces of Violence & Work Zones of Violence in Child Domestic Labor (CDL) Low to High ILO & UNICEF Communication Strategy on CDL 2006

9. Deaths & CDL 2010.. Violence continues.. • Ms. Shazia Masih (12 years old girl, Arya Nagar, Islampura, Lahore, Punjab) • Ms. Yasmin (15 years old girl, District Okara, Punjab) • Mr. Shahzad (14 years old boy, District Gujranwala, Punjab) • Ms. Tania (18 years old girl Lahore, Punjab) • Ms. Kausar (16 years old girl, Lahore, Punjab) • Ms. Firdous (Sahiwal, Punjab) - Sexual Violence, Rape and General Violence on a daily basis How many more CDL deaths to convince us ?

10. CDL - Constitution & Law • Article 3 of the Pakistan Constitution calls for the elimination of exploitation and ensures the elimination of all forms of exploitation and the general fulfillment of the fundamental principle, from each according to his ability to each according to his work. • Article 11 of the Pakistan Constitution prohibits slavery and forced labour, and trafficking. Article 11 (3) of the 1973 Constitution of Pakistan states that no child below the age of fourteen shall be engaged in any factory or mine or any other hazardous employment. • Article 25 – A of the Constitution - Right to Education

11. Article 25 A- Education As a Fundamental Right • 18th amendment 2010 Act made education a fundamental right for the first time in Pakistan • Article 25-A states that “The State shall provide free and compulsory education to all children of the age of five and to sixteen years in such manner as may be determined by law” • Major opportunity for the citizens & children of Pakistan for claiming entitlements through quality learning • Use this age group (5-16) to define the age of child labor not ILO Convention 138 & Employment Children’s Act (ECA) 1991 • Little action by the government in making the law… & little urgency by citizens in claiming the law for RTE under 25 A • How can we push this forward to address the larger problem of child labor and vulnerable children ? • .

12. Employment of Children Act 1991 • CDL not declared as hazardous occupation and not banned under the Employment of Children Act (ECA) 1991- 34 processes & 4 occupations are declared hazardous but not CDL • ECA under section 3 allows CDL. “No child shall be employed or permitted to work in any of the occupations set forth in Part I of the Schedule or in any workshop wherein any of the process set forth in Part II is carried on: Provided that nothing in this section shall apply to any establishment wherein such process is carried on by the occupier with the help of his family or to any school established, assisted or recognized by Government.” • Under ECA “(iii) “child” means a person who had not completed his fourteen year of age; (vii) “family” in relation to an occupier, means the individual, the wife or husband, as the case may, of such individual, and their children, brother or sister of such individual; (viii) “occupier” in relation to an establishment, means the person who had the ultimate control over the affairs of the establishment.

13. National Laws • Article 4 of the Bonded Labour System Act 1992 of Pakistan abolishes the bonded labour system. • The Pakistan Penal Code punishes the procurement of a minor child under Section 366-A. It provides a penalty for the importation of girl from foreign country and Section 373 addresses the buying of minor for purposes of prostitution. • The Children Pledging of Labour Act 1933 established an agreement to pledge the labour of a child void.

14. National Laws • Pakistan Penal Code (PPC) 1860, all acts taken against the child are considered offence but not under the section 89 in which the PPC allows the guardians or other person having lawful charges of the child (under the age of twelve) to beat or punish in the benefit of the child. • Internal trafficking of person within the country is not covered under any of the laws in Pakistan- Trafficking common on CDL – middlemen/women abound, including posh domestic labor agencies.

15. International Laws • In the framework of the Minimum Age Convention 138 and the Worst Forms of Child Labour Convention 18219 the ILO recognizes three categories of child labour that must be abolished: • All work done by children under the minimum legal age for that type of work, as defined by national legislation in accordance with international standards • Work that endangers the health, safety and morals of a child, either because of the nature of the work or because of the conditions under which it is performed • Unconditional worst forms of child labour, defined as slavery, trafficking, bonded labour, forced recruitment into armed conflict, prostitution, pornography or illegal activities such as the sale and trafficking of drugs

16. International Laws • Three conventions, Convention 138, the UN Convention on the Rights of the Child, and Convention 182, form the basis for the protection of child domestic labour. • The conditions set forth in the three conventions are based on the effect of the work or activity on the child and the child’s development. • The work should not be hazardous or harmful to the child’s health or physical, mental, moral, or social development. In addition, for children of primary-school age, the work or activity should not interfere with the child’s education.

17. International Conventions – Govt. as Signatory & Obligated • Convention on the Rights of Child (CRC) • Education For All (EFA) 6 Goals • Millennium development Goals (2-3) • Convention against Elimination of All Forms of Discrimination Against Women (CEDAW) • SAARC Social Charter Obligations on Reporting & Implementation • Government Reporting vs. Shadow Reporting • The former is often delayed and defensive

18. Examining the Case of CDL – customary practices and laws • Patriarchal /feudal/ideological societies encourage , commodification, bondage, exploitation as a norm, reinforced religion – the girl child most vulnerable (but boys too) • Minorities discrimination, family bonded labor and trends of CDL within that make the trends very violent and tragic • Customary practices backed by inter-generational interpretation of religion, tradition and identity • Formal laws and interplay of customs and traditions – parallel legal systems – formal laws hardly win .. Lower courts the weakest – actions to be sought from higher courts by child rights activists and organizations • Weak governance structures at all levels unable to implement formal laws and monitoring mechanism – chronic gaps of implementation -

19. Recommendations - Policy

20. Recommendations • Implementation of 25- A Right To Education backed by appropriate laws – onus on the state primarily and then duty bearers • Resource allocation to education must be enhanced to 4% (current 1.5%) • A clear percentage of education budget to compensatory programs allocated to the most vulnerable including – child labor and CDL to cover all related costs through stipends: (uniforms, transport, stationary etc. )

21. Communication

22. Protection & Legislation

23. Campaign Against CDL as a Worst Form of Child Labor & RTE • A nationwide campaign needs to be put in place under the Child Rights Movement (CRM).. Declaring CDL as worst forms of Child Labor and banned under ECA 1991 • Research more rigorous and on annual basis on CDL: trends • CDL to be a distinct provision in the upcoming laws for 25 A – RTE in all provinces and federal areas • Campaigns of CRM and RTE must join hands as a powerful alliance for ending violence against children and CDL through compulsory violence free education • Endorsed by strategic alliances and stakeholders including teacher unions, political parties, trade unions- home net /women workers unions , NGO alliances and the MEDIA. • Ending CDL – A Call for Action Action & Action…NOW!