Legal & Regulatory Environment of Business

Article 11 of Constitution of Pakistan

Zaid Nizami

Omar Dar

Rao Mahin

Khawar Sher

Article 11: Slavery, forced labor etc. prohibited

1. 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 service1. 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.

Slavery
UN Definition of slavery Slavery is the status or condition of a 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

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 her valuable 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.

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.

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

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-eAzadi) by bonded labourers, especially those employed in brick kilns This led to the creation on Bonded Labour (Abolition) Act of 1992

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

Sindh Bonded Labor Case

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 of

brick-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?

Sindh Bonded Labor Case

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 football production 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 of child labour, savings and micro-credit programmes were introduced ILO-IPEC and a local NGO set up 185 informal education centres for working children and their siblings. Currently IMAC (Independent Monitoring Association for Child Labor) is the culmination of the efforts of Atlanta Partners to sustain the work place monitoring system setup by ILO-IPEC; PFF Youth Cup is organized in collaboration with FIFA and the ILO

Saga and Nike

In November 2006, Nike decided to end a supply contract with Saga after repeatedly trying, unsuccessfully, to implement Nike policies. Saga was outsourcing production from facilities not authorised by Nike which could lead to homework and therefore make child labour more likely. Trade union officials also complained of harassment and inaccuracies in calculating wages. According to the Financial Times, many of the 3,000 workers at Saga lost their jobs. Nike's decision provides an example of the complex trade-offs associated 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 with stakeholders, based on a collective desire to help move the industry in a more competitive direction that strongly supports workers' rights."

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 and Hamid 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

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 ?