The Global Slavery Index (GSI) 2013 is the first report being prepared and published by the Walk Free Foundation (WFF), also known as Walk Free. The GSI report means to fill gaps in information about the size and nature of the modern slavery, risk factors, and the effectiveness of responses by different stakeholders. The GSI report aims to “inform and empower civil society groups working on this issue, and to assist governments to strengthen their efforts to eliminate all forms of modern slavery.”
The GSI report provides a gloomy picture of Pakistan. Of the total 29.8 million modern slaves in the world, 2.2 million (7 percent) modern slaves are in Pakistan. Of the ten most populous countries with modern slave, Pakistan is on number three after India and China with the prevalence of highest modern slaves. After Pakistan, seven other countries on the top ten list of the index are: Nigeria, Ethiopia, Russia, Thailand, Democratic Republic of Congo, Myanmar and Bangladesh. All these ten countries have 76 percent of the total modern slaves and considered to be in absolute terms.
It is interesting to note that countries like Sri Lanka and Afghanistan which have remained under a war for a long time but there is low prevalence of modern slaves.
According to the GSI report Pakistan’s porous borders with Afghanistan, displacement and poor rule of law are the reasons of modern slavery. Of the 179 million people in Pakistan, about 2.2 people are caught in modern slavery; these slaves are abused, exploited, raped, tortured and killed which go unnoticed generally. The GSI report also suggests that poverty and illiteracy are also major reasons of making people, especially children, vulnerable to different forms of modern slavery.
In the world, Pakistan is amongst those top ten countries on the Index which has extremely poor or worst national response to address the issue of modern slavery.
In Asia, due to highest prevalence and risk of enslavement, Pakistan is ranked number one and India number two; though India has 14.7 million modern slaves as compared to Pakistan 2.2 million modern slaves. It means due to India’s national efforts risk of enslavement is decreasing or is lower, but in Pakistan due to absence of national efforts risk of enslavement is highest.
The GSI report should be an eye opener for the federal and provincial governments. This is time to act for a comprehensive response mechanism to address modern forms of slavery and should give due considerations to the recommendations given recommendations to Pakistan in the Universal Periodic Review (2012) related to modern slavery. Some of those are:
-Ireland recommended to develop a clear implementation and monitoring plan for the Bonded Labour System (Abolition) Act, 1992, the Bonded Labour System (Abolition) Rules, 1995 and the National Policy and Plan of Action for the Abolition of Bonded Labour, 2001 (recommendation 122.60, accepted by Pakistan).
-Djibouti recommended to continue fighting against trafficking of children and violence against women (recommendation 122.105, accepted by Pakistan).
-Slovakia recommended to enact efficient legislation to prohibit and prevent the employment of children as domestic workers (recommendation 122.39, noted by Pakistan).
However, in the narrative on Pakistan, the GSI report has missed to mention various very pertinent issues. Some of those include: *Ratification of the Optional Protocol to the UNCRC on the involvement of children in armed conflict and Child Domestic Labour (CDL). Pakistan has not ratified the Optional Protocol and it does not recognize CDL as a form of modern slavery which highly prevalent in Pakistan. *The GSI report states that higher prevelance of bonded labour is in bricklin sector, whereas yet there are no such substantiated reports by the relevant organizations such as ILO and PILER. *The report also states that Islamic Sharia allows for child marriages which is also cause of modern slavery of women and girls; however, if the existing the Child Marriage Restraint Act 1929 (which sets age of marriage for girls 16 and for boys 18) was against the Sharia, it would have been revoked by the Sharia courts; in practice there is problem with the implementing institutions and lack of interest in governments. *The GSI report also misses to mention data on child marriages cases (prevalance rate). The aspect including data on prostitution is completly lacking in the report. *Some of the important and relevant data in the report is outdated. *The report should also have given some narrative about difference between slavery and modern slavery.
The WFF defines modern slavery which includes following three categories:
A- Trafficking Slavery: 1) Recruitment, transportation, transfer, harboring or receipt of persons. 2) By means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the
giving or receiving of payments or benefits to achieve the consent of a person having control over another person (these means are not required in the case of children). 3) With the intent of exploiting that person through: Prostitution of others; Sexual exploitation; Forced labour; Slavery (or similar practices); Servitude; and Removal of organs (UN Trafficking Protocol, 2000).
B- Slavery: The status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. Includes slavery-like practices: debt bondage, forced or servile marriage, sale or exploitation of children (including in armed conflict) and descent-based slavery. (The Slavery Convention (1926) and Supplementary Slavery Convention (1956))
C- Forced Labour: All work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily. (ILO Forced Labour Convention, 1930 (No. 29))
Please find the GSI report at: http://www.globalslaveryindex.org/report/?download or http://d3mj66ag90b5fy.cloudfront.net/wp-content/uploads/2013/10/GlobalSlaveryIndex_2013_Download_WEB1.pdf
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Pakistan and Open Budget Survey 2012 by the IBP
In 2011 (from August to December 2011), the International Budget Partnership (IBP) conducted a comparative survey to measures and see the openness, transparency, participation and oversight of the budgets in 100 countries which includes Pakistan. In 2012, the IBP published the Open Budget Survey (OBS) which contains the Open Budget Index (OBI). In 2008 and 2010, the IBP had also published the OBSs.
From Pakistan, Omar Asghar Khan Development Foundation (OAKDF) was partner with the IBA. Through partners and individual researchers in each country, the IBA received responses against each question, which were calculated and quantified, and prepared the OBI. The OBI is basically an average of the quantified response for the 125 questions which relates to budget transparency, accountability and participation. In the OBI, each country is given a score from the range of 0 to 100 based on the criteria of availability to public and comprehensiveness of the eight key budget documents that governments’ have to produce and published at different stages of the budget cycle.
The OBS also assesses opportunities for public participation in the budget cycle/process and the role played by institutions like National Accountability Bureaus in the budget making and oversight.
The OBS 2012 shows that Pakistan received 58 score and is amongst those 36 countries which provide some information about the budget cycle and process, which does not give room to have ‘an informed budget debate’, which implies that in Pakistan there is little budget transparency. Pakistan shares the budget transparency characteristics with Afghanistan, Bangladesh, India, Nepal and Sri Lanka in the region. In both 2008 and 2010 OBSs, Pakistan had secured 38 score.
The OBS reveals that Pakistan is one the seven countries which have improved budget transparency considerably from 2010 to 2012.
In 2010, Pakistan was given 38 score. In 2012, it received 58 score mainly because of the increased comprehensiveness of the Green Book- a supporting document to the Executives’ budget proposal.
The element of budget transparency also reflects from publishing specific budget documents at different stages of budget cycle which are Pre-Budget Statement, Executive Budget Proposal, Enacted Budget, Citizens Budget, In-Year Reports, Mid-Year Review, Year-End Report and Audit Report.
Pakistan publishes the Pre-Budget Statement but that is used merely for internal use; the Executive Budget Proposal, Enacted Budget, In-Year Reports, Year-End Report and Audit Report are published and accessible to the public. Pakistan does not publish Citizens Budget and Mid-Year Review reports. Pakistan started publishing In-Year Reports, End-Year Report and Audit Reports in 2010.
Pakistan has been found weak and poor in public budgeting: at federal, provincial and district levels. The executives (which includes the Federal Ministry of Finance, Federal Government Cabinet, Provincial Governments’ Cabinets, Finance and Planning Departments) do not formally engaged with the public during the budget making process- its making and execution; they do not articulate the budget and the process of formulating and executing it to the public; the public perspectives on budget priorities is difficult to be identified; feedback/input from the public is not gathered, nor are there any mechanisms; there is little chance that the Ministry of Finance or legislative committee hold public hearings on the individual budgets of central government administrative units (i.e. ministries, departments and agencies) in which testimony from the executive branch is heard; Pakistan is also performing poor on other indicators of budget transparency; however, somehow positive point is, the legislative committee holds public hearings on the macroeconomic and fiscal framework presented in the budget; in this regard, Pakistan secures B grade, which implies Pakistan yet has to progress little more for regularly holding public meetings.
The OBS reveals that Pakistan has strong and independent audit institutions and gives 92 score to it; however, such compliment is still weak from many aspects; like all other institutions, the audit institutions in Pakistan work under the Prime Minister of Pakistan, and no institutions dare to ensure transparency, accountability and participation in the ‘current’ government’s policies, programmes and projects.
In Pakistan, there is extremely low public engagement in budgeting or budget making that is why it secures only 11 score on the OBI 2012.
The OBS recommended Pakistan and many other countries for mustering ‘political will to advance reforms’. It suggests to “improve the comprehensiveness of the existing budget documents, promote more effective means of citizen engagement in budget processes, and ensure that legislatures and SAIs [Supreme Audit Institutions] have the necessary resources to carry out their oversight function effectively…should advance both fundamental and innovative participation mechanisms throughout the budget process….should publish all their budget documents on the Internet in “machine-readable” formats, like an Excel spreadsheet, that facilitate analysis.” The OBS 2012 also recommends civil society organization and others to play their role and take possible measures. It is extremly useful document that provides ample guidelines for all, it is for transforming lives. For more details please check at: http://internationalbudget.org/what-we-do/open-budget-survey/full-report/
Amendments in the Anti-Terrorism Act are against human rights
The Institute for Social Justice (ISJ) is extremely displeased over the recent amendments in the Anti-Terrorism Act (ATA), 1997, through an Ordinance in October 2013 promulgated by Mamnoon Hussain the President of Pakistan. Some of these amendments are serious blow on the human rights principles mainly the right to a fair trial and justice.
The ISJ feels that through amendment exceptional powers have been given to the law enforcement agencies (LEA) to detain accused children, women and adults up to 90 days.
The current government rather brining improvements in the current practices of LEA through rigorous monitoring, accountability and participation has toughen the Criminal Justice System of Pakistan which was already the main source of exploitation and abuse of poor and helpless class of Pakistan. Indefinite detention for 90 days means long term permission to the LEA for the unending exploitation, abuse and torture on accused.
Legal authority for the indefinite detention is against the due process and procedure of the trial and it is a human rights violation. The Supreme Court of Pakistan should take suo moto notice of the amendments in the ATA.
The ISJ’s Letter to the President EC for the UPR Recommendations, follow up with Pakistan
The ISJ’s letter to H.E. Herman Van Rompuy, the President of the European Council, for the follow up with the European Union Countries which recommended to Pakistan in the UPR (2012) for improving the state of human rights in Pakistan. Mr President may urge the member countries to follow up on the current government in thier biletral talks. Pakistan. Please find the letter at: UPR recommendations follow up letter to the President of the European Council by the ISJ Pakistan
UN Secretary General is urged to intervene in Syrian issue
Pakistan has sidelined and ignored human rights
On the other hand Pakistan Muslim League Nawaz Government has categorically ignored and sidelined human rights issues which can be sensed from the fact that the Government has merged the Ministry of Human Rights with the Ministry of Law and Justice which has created serious bureaucratic hurdles and complications in the monitoring, responding and preventing human rights violations as well as promoting human rights culture. In other words, the business of human rights is totally halted. With the merger, there is no central and independent body that could monitor, respond and take preventive measures against human rights violations.
In October 2012, in the Human Rights Council, during the Universal Periodic Review session, Pakistan defended its position by continuously repeating that it has enacted the National Commission for Human Rights Act, through which the National Commission for Human Rights will be set up, and this Commission will panacea of all ills. But sadly to date neither the Commission has been notified nor Chairperson and its members have been appointed nor in the current budget (2013-14) funds are allocated for the running of the Commission.
Pakistan has also not submitted its treaty specific reports to the concerned committees, the reports include: a) The fifth periodic report to the Committee on the Rights of the Child which was due in December 2012 b) The initial report to the Committee on Social, Economic and Cultural Rights which was due on 2010 c) The initial report to the Human Rights Committee on Civil and Political Rights was due in 2011.
The Institute for Social Justice (ISJ) calls on the UN for urging and reminding Pakistan about its role and responsibilities to respect, protect and fulfill every right of its citizens and take immediate actions to: a) respect and implement human rights treaties and submit initial and periodic reports; b) restore independent status of the Ministry of Human Rights; c) after consultation with the apposition, issue notification for the establishment of the Commission; d) appoint Chairperson and members of the Commission; and, e) allocate funds for the running of the NCHR as per Section 23 of the NCHR.
Father urges to protect his children from corporal punishment in Punjab’s school
CJ Pakistan requested to take notice of brutal torture and murders of domestic worker children
In August 2012, two minor brothers, Javed 9 and Jameel 13, were taken against their parents’ will from their village Kotla Rahm Ali Shah in Muzaffargarh to work in Multan city as servants in the house of Faheem Abbas Shah, the landlord, for whom, two brothers’ family worked for a number of years.
The parents of the boys repeatedly asked for the return of their sons. They wanted their boys to get education in the city but the landlord Faheem denied the request and did not allow the boys to visit their parents for the past several months and continuously mentally and physically tortured both boys.
According to Jameel’s father (Hameed) and his another brother Javed, on the afternoon of June 6, Jameel tried to pour himself juice but broke the glass pitcher in the process. Javed was not only victim of the brutal torture by his employers but also witness of torture and murder of his brother Jameel. Faheem’s wife, Hina was so enraged on Jameel for daring to drink
her juice and cracking her glass pitcher. She began beating with kicks, fists, punches and with everything that she found easy to throw on Jameel. Jameel managed to escape to the rooftop of the house of the employer where he died due to torture and continuous bleeding.
According to Jameel’s father the person, Hafiz Amjad, who washed the boy’s body was astonished by the bruises on the boy’s body and found large, sharp shards of glasses in the boy’s skull. Hafiz Amjad has asked Jameel for reporting the case and undergoing for an autopsy but Hafiz Amjad’s suggestions were quickly silenced because of Faheem. The hemorrhaging was so severe that they had to pack the head wound with additional gauze minutes before the burial on June 7.
According to Hameed he did not report the case with the police because, he said, “I thought they are landlord and we are mazarey and poor”. He said that Faheem landlord’s cousin is head of the district police in Multan and Faheem’s maternal uncle is prominent PML-N MNA Ahmad Alam Anwar in Bahawalpur.
On June 19, two constables from Jatoi police station had come to meet with Hameed and received complaint on simple paper. Hameed is scarred of life threats to his family.
Hameed also understands how his son, Hafeez, 12 years old, had died two years ago at the house of the same landlord family. Hafeez’s was hit on his head, that is why he had lost consciousness and died after a couple of days, but they did not understand and kept silence because they could not afford enmity with the rich family. Hameed and his family are waiting for the justice of murders of his two minor sons but he does not trust the system but has faith in the Chief Justice of Pakistan. He has asked civil society organizations to get his appeal reach at the Chief Justice of Pakistan.
The ISJ requests the Chief Justice of Pakistan for taking suo-moto on the unreported and unregistered case of murder of child domestic worker (Jameel) and help the victim family and may order to ban child domestic labour in Pakistan, it is the only profession in Pakistan that has resulted so many deaths of children.
Statement: The unending plight of child domestic workers in Pakistan
There is no end to the plight of Child Domestic Workers (CDWs) in Pakistan. They are in thousands. They are continuously sold, exploited, abused, rapped, sodomized, tortured and killed. It is unfortunate that no other occupation in Pakistan has resulted deaths of children than Child Domestic Labour (CDL). Since January 2010 to June 2013, about 41 cases of CDWs are reported in the media and by civil society organizations. Of these children, 19 died due to severe torture inflicted on them were poisoned to death by their employers. This brief paper shows the severity of the issue and general acceptance of internal trafficking, severe torture, abuse, exploitation, forced labour, slavery and murders of helpless and innocent CDWs in the society and the due permission of the State. Continuously disturbing reporting of torture and murders of CDWs indicate the moral decay of society and the state; both have allowed powerful class to brutally torture and murder children because they belong to poor, marginalized and working class families.
In Pakistan, CDWs are deprived of all fundamental rights given in the Constitution of Pakistan (such as Articles 11, 25 (3), 25A) and even the right to life, merely for the reason of protecting the household sanctity. The government cannot bring in the CDLs in the ambit of labour laws because households cannot be monitored; if monitored, the household sanctity would be violated.
Pakistan acknowledges and prohibits forced labour, external trafficking, slavery and worst forms of child labour only in documents but yet has not been able to take any administrative measures to ban CDL and stop brutal torture and murders of helpless innocent CDWs, mainly girls. Only a few civil society organizations (CSOs) have repeatedly protested and written to all the higher authorities for banning child domestic labour (CDL) by inserting it in the list of banned occupations in the Employment of Children Act (ECA), 1991, but no authority including courts took any measures to protect these millions of CDWs. Through media, a few civil society organizations (CSOs) have also brought to the attention of the UN agencies in Pakistan but all have turned a deaf ear to the issue rather seems the best allies to the powerful class.
In the light of the UNCRC and its Optional Protocol on Sale of Children, ILO’s Conventions 138, 182 and 189 and the Constitution of Pakistan, CDL should be declared a form of slavery and the worst form of child labour and should immediately be banned across the country.
The year 2013’s theme on the international day against child labour is “No to child labour in domestic work”. Will the current government under this theme put an end to this discrimination with children? Will it protect life, security and liberty of innocent children or powerful class? Besides putting an end to the plight of CDWs, the government should pursue the cases of brutal tortures and murders of CDWs and financially and legally help victims’ families.
Please see the detailed report at The unending plight of child domestic workers in Pakistan or at https://isj.org.pk/policy-research/the-unending-plight-of-child-domestic-workers-in-pakistan/
Nawaz government ignores human rights
The ISJ press statement said that human rights is not priority agenda of Nawaz Sharif’s government, therefore, the Ministry of Human Rights has been merged with the Ministry of Law and Justice. This current government should give serious and more importance to the challenges Pakistan is facing in the arena of human rights which ranges from missing persons, extra-judicial killings, honor killings, hunger, extreme poverty, unemployment, child sexual abuse, murders of child domestic workers, bonded and forced labour, illiteracy and so on. With the merger, human rights will receive little attention in the current government’s administration and business.
It is time for the current government to grab the opportunity to address human rights violations by giving it separate and independent status amongst all other matters. The Ministry of Human Right should be restored with its independent status so that it should continue to monitor human rights violations and equally implement the minimum human rights standards across the country and develop a positive image of Pakistan amongst the nation states
The press statement also lamented and condemned brutal torture and murder of Siraj Ahmed at police station Shahdra Lahore. The ISJ demanded immediate action against the police officials involved and overhaul of the police culture along with human rights as mandatory part of their pre-and-on service trainings.