slavery in pakistan

7/30/2019 Slavery in Pakistan

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Legal & Regulatory

Environment of BusinessArticle 11 of Constitution of Pakistan

Khawar SherZaid Nizami Rao MahinOmar Dar


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Article 11: Slavery, forced labor etc.

prohibited1. Slavery is non-existent and forbidden and no law shall permit or

facilitate its introduction into Pakistan in any form.

2. All forms of forced labour and traffic in human beings are prohibited.

3. No child below the age of Fourteen years shall be engaged in any

factory or mine or any other hazardous employment.

4. Nothing in this Article shall be deemed to affect compulsory service-

1. By any person undergoing punishment for an offence against any law; or

2. required by any law for public purpose:

Provided that no compulsory service shall be of a cruel nature or

incompatible with human dignity.


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Slavery UN Definition of slavery Slavery is the status or condition ofa person

over whom any or all of the powers attaching to the right of ownership

are exercised.

Forms of Slavery

Chattel slavery Ownership like property

Bonded Labor Due to loan payment

Forced Labor Working against their will


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Case Zaib Un Nisa

Facts of the Case Mst. Zaib-un-nisa v/s the government of the Punjab, Department of

Education per Sharif Hussain Bokhari, J.

Local Council employee was made to work without payment of salary for

more than two years

The respondents exploited the situation and denied to the petitioner hervaluable right to remuneration according to her grade

Performance of duties under such situation would also amount to forced

labour which was forbidden by Art. 11 of the Constitution.

Situation was against spirit of Islam as Islam envisages payment of

wages before sweat of toil is dried up

Remedy by the court - Granted salary No Granted Costs

The respondents are directed to immediately release the emoluments

(salaries and other admissible allowances) to the petitioner from the date

of her joining the service, till date, on the basis of her pay scale. However,

there shall be no order as to costs.


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Bonded Labor What is bonded labour?

Bonded labour or debt bondage is probably the least known form of

slavery

Today it is the most widely used method of enslaving people. A person

becomes a bonded labourer when his or her labour is demanded as a

means of repayment for a loan.

The person is then tricked or trapped into working for very little or no

pay, often for seven days a week. The value of their work is invariably

greater than the original sum of money borrowed.

Millions of people are held in bonded labour in brick klins in Pakistan.


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Darshan Masih Vs State

Case was a Suo Moto notice after

a telegraph was sent to the court

Darshan Masih became the

primary plaintiff

Public Interest Litigation


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Darshan Masih Vs State

Public interest litigation case

The court treated it as a writ petition to enforce fundamental rights under

the Constitution, under Article 11

Decision given on September 18, 1988 outlawed all forms of bonded

labor Drawing on Article 11 of the Constitution, the court delivered a verdict

outlawing bonded labour and granting workers their decree of freedom

(Parvana-e-Azadi)

September 18 is still celebrated as Independence Day (Yaum-e-

Azadi) by bonded labourers, especially those employed in brick kilns

This led to the creation on Bonded Labour (Abolition) Act of 1992


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Sindh Bonded Labor Case

Year 2000, 94 petitions filed by Haris in High Court, Sindh

Section 491 of Code of Criminal Procedure

Special bench constituted

Haris claimed to be alleged detainees of landlords

No physical torture, issue only on money owed to the landlord

Rasul Bux Palejo petitioned on behalf of Sindh Haris Association

Palejo impeded

Hindu tribe Bheel, and private surfs cant be detained, impedes their

free movement

Virtual Slaves of Waderas

Detention mental than physical


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Court Reaction

Allegations deemed false

No evidence of forced detention,

no guard or pressure or compound wall on premises

Mental detention was a mere theoretical

perspective

Sindh Tenancy Act 1950 to be used to solve the issue

Appeal made in Supreme Court of Pakistan by HRCP

Why did the Supreme Court recognize the situation ofbrick-kiln workers as one of bonded labour, but the High

Court of Sindh does not perceive the situation of haris

who owe debts to their landlords as one involving

bonded labour?



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Child Labor the Football Case Life magazine ran a story in June 1996 that featured a 12 year old boy

making footballs. Media focus on child labour in the football sector in Pakistan was

damaging to major brands and retailers.

In February 1997, the World Federation of the Sporting Goods Industry,the ILO, UNICEF, and the Sialkot Chamber of Commerce signed the

Atlanta Agreement, with the goal of eliminating child labour in footballproduction in Sialko

In 1997, the ILO and the Sialkot Chamber of Commerce and Industry(SCCI) launched an independent monitoring facility

In order to address the shortfall in family income due to the elimination ofchild labour, savings and micro-credit programmes were introduced

ILO-IPEC and a local NGO set up 185 informal education centres forworking children and their siblings.

Currently IMAC (Independent Monitoring Association for Child Labor) isthe culmination of the efforts of Atlanta Partners to sustain the workplace monitoring system setup by ILO-IPEC;

PFF Youth Cup is organized in collaboration with FIFA and the ILO


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Saga and Nike

In November 2006, Nike decided to end a supply contract with Sagaafter repeatedly trying, unsuccessfully, to implement Nike policies.

Saga was outsourcing production from facilities not authorised by Nikewhich could lead to homework and therefore make child labour morelikely.

Trade union officials also complained of harassment and inaccuraciesin calculating wages.According to the Financial Times, many of the3,000 workers at Saga lost their jobs.

Nike's decision provides an example of the complex trade-offsassociated with managing labour issues.

Six months later, Nike entered into a new relationship with Silver Star,

a supplier also located in Sialkot.According to Nike's CEO Mark Parker, "Our decision to resume soccer

ball production in Pakistan is the result of extensive work withstakeholders, based on a collective desire to help move the industry ina more competitive direction that strongly supports workers' rights."


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Domestic Child Labor Shazia died on January 22, 2010, in hospital, she was 12 years old

Her mother lodged a case with the police alleging that her employer

Advocate Chaudhry Naeem had tortured, raped and murdered her.

A medical board found that she had not been raped and ruled that

she had died of septicemia due to acute inflammatory lung disease.

Naeem was acquitted in November 2010

Human Trafficking City DSP Arif Mirza told media in Bahawalpur that a 19-year-old

resident of Shahdara was abducted by her neighbor, Samina Bibi.

She was later sold to Akbar Lashari, a resident of Tehsil Jampur, for

Rs90,000. Lashari then sold her to Fazal Hussain, Jind Wadda andHamid Khan for Rs150,000.

Civil Lines SHO Muhammad Afzal Lodhi and SI Muhammad Shabbir

investigated the case and recovered the women from Fazilpur.

LAWS

Prevention and Control of Human Trafficking Ordinance, 2002


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Conclusion

Numerous cases realted to Article 11 arise Due to an active media, these cases are coming to light more often

then ever before

NGOs are more active then ever before, and cases such as Shaiza

Masih reach the court and even after decisions have been made, the

cases remain in the spotlight These NGO are also working to provide legal help to the affected

and Questions ?

slavery in pakistan

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