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Pakistan Brick Kilns - Bonded Labors

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FAQ

Plaintiff

Bonded labor has been an issue that has long haunted Pakistan. However, the recent tour of Pakistan by Humans of New York creator, Brandon Stanton, has shed light on this issue further and brought it international exposure.

This issue needs to be tackled and some action must be taken. The information given by Brandon suggests that there are politicians and police officers involved in protecting the owners of the brick kilns. Therefore, this wont be an easy issue, but its a necessary one.

This trial is being set up so we can decide what is the best way to go about this. Which bodies need to be contacted? How can we put pressure on authorities to ensure action is taken? What sort of civic action can be taken? What action should be taken against the owners? What sort of compensation must be given to the workers? The bigger participation that there is the more pressure there will be on the authorities to act.

After agreeing on the best resolution as the way to go forward, we can then translate it into action.

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[-][+]My resolution
29 Points
9 years ago

Zunaira N. (Neutral)

The issue isn't that their aren't adequate laws, it's the enforcement of the laws that is a problem. Also, very often the laborers in bondage do not know about what rights they posses making enforcement even harder. The police is controlled by the feudal lords who run these brick kilns. People living in rural areas live in extreme poverty and don't have any access to the justice system in anyway. Therefore, i feel that in order to attain any headway on the matter it is extremely important to engage the media on the issue. That seems to me like the only way we can put pressure on the law enforcement agencies and the government to take steps against this heinous crime.

[-][+]My resolution
71 Points
9 years ago

Hafsa D. (Neutral)

This vicious system subjugates the families economically as well as physically so that they unable to break free no matter how much hard labor they put in the work. the Factories act 1934 brings the brick kilns under its ambit as well. It makes employers responsible for providing social securities and compensations to the workers. But the owners simply have to declare a dozen or so number of workers in an average kiln; this number excludes the numerous piece-rate laborers who suffer the most at the hand of bondage. By declaring less workers the employers evade having to pay everyone social securities, workers compensation etc. and to avoid compliance with other industrial legislation. For the workers, taking the debt is the only available option especially for those who live on-site . So the government should work on providing alternative credit-sources in such remote areas. And more importantly subsidized housing schemes may also be a step toward helping the laborers break free from the grips of their employers.

[-][+]My resolution
71 Points
9 years ago

Hafsa D. (Neutral)

Bonded Labor is a system under which a debtor has entered (or is presumed to have entered) into an agreement with the creditor, that in consideration of the monetary advance received by the debtor he/she will render services/labor to the creditor either without wages or for nominal wages. This system has been prevalent in Pakistan for years. The bonded laborer has to forfeit the freedom of employment or adopting other means of livelihood. Not only is the debtor bonded but more often than not his/her entire family is also bonded to the creditor and have to work off the debt. But the creditors, usually being feudal lords, do not wish to for the bondage to end so they keep increasing the interest so that the laborer is perpetually bound to keep working for the creditor. This advance or “peshgi” system is not just restricted to the brick kiln industry, but in Paksitan it is practiced in many industries including the carpet weaving, mines, leather, glasss factories etc.
Under the Constitution of Pakistan all kinds of forced labor are prohibited (art 11(2)). In the landmark Darshin Masih Case (1988) the Supreme Court of Pakistan ruled that the brick-kiln workers were indeed bonded laborers and that the entire system was inconsistent with fundamental rights guaranteed in the constitution. The SC declared that the bonded labor system had to be eradicated. This decision and other cases following it eventually led to the passing of the Bonded Labor System (abolition) act 1992, banning bonded labor in all industries across Pakistan.

[-][+]My resolution
9 years ago

Steve W. (Advocate for respondent)

Create or amend the personal bankruptcy and creditor/debtor laws. – The government needs better personal bankruptcy laws. They don't have to be sophisticated, but there should be a mechanism to allow people to restructure their personal debts so that they only pay a certain percentage of their family income to a creditor- Say 20% cap. This might make it more hard to borrow, but you shouldn't have people borrowing at rates that keep them indentured for life. If brick workers had they debt service capped at 20% annually, then the people who hire them would actually have an incentive to pay more- or at least it would prevent them from owing more than they earn in any given year- so you get rid of the negative compounding effect that seems to be doing the real harm here. you'd need an enforcement mechanism though. If the problem is big enough, this might warrant the establishment of some form or creditor's court, where abuses could be reported and worked out with a judge or mediator. Perhaps PeopleClaim would assist?

[-][+]My resolution
13 Points
9 years ago

Attorney Mark D. (Neutral)

Require "fair-pay" sourced materials on all Govt and military jobs. – Require that all government and military jobs use "fair pay" labor at all levels of the construction and supply chain. This would provide a strong incentive for contractors to force material makers to use fair wage labor or be banned from bidding on Govt jobs. I'd also limited banks from lending or projects that don't assure the materials are fair wage. I know a lot of projects don't involve bank loans, but this would likely impact some jobs. If there is a permitting requirement for new constructions that too could require properly sourced materials. These three touch points, Govt, banks and local and national permitting, could have a big impact on insuring workers get reasonable pay. Any foreign aid that goes to construction projects should also require a guarantee from the contractors that bricks and other materials are properly sourced from fair pay vendors.

[-][+]My resolution
9 years ago

Diablo A. (Advocate for Plaintiff)

Shine some light on the matter – I'd suggest three things to start
1) List the names of kiln owners who exploit workers on the web- set up an online reporting mechanism so anyone can report a violator. Many affected won't have access to the web probably, so social organizations should assist in the reporting.
2) Encourage builders not to buy bricks from anyone not paying a decent wage or anyone indenturing workers for debt.
3) Make sure the regulators are made aware of the list and take action. That means listing the regulators too to confirm that they have received the reports of abuse. Don't let them hide behind bureaucracy. Report on the list every time that the regulator has been notified. Distribute the list to the press- local, national and international.

[-][+]My resolution
9 years ago

Diablo A. (Advocate for Plaintiff)

[-][+]My resolution
9 years ago

Hira R. (Neutral)

Almost 2 million has already been raised by the Humans of New York campaign to fight bonded labor in Pakistan. But more needs to be done. A social response needs to be invoked so that the authorities and people responsible for this practice are held accountable.

The predominant institutions responsible for regulating the affairs of the bonded labor are the social security department, the employee old age benefit institution (EOBI), the provincial labor department and most importantly the police force. While Pakistan does have the Bonded Labor abolition System Act 1992 in place, yet this practice i.e. an extension of slavery is still practiced.

One primary area that is ineffectively regulated by the authorities is minimum wage. The minimum wage as prescribed by law is Rs 12,000 / month for 8 hours/ day. Unfortunately, the workers are not receiving this amount and in fact the Wages are based on piece rates i.e. the amount of bricks made per day but the amount is so minimal that a laborer has barely enough to feed his family, let alone pay off a debt.

The brick kiln owners need to pay the minimum wage to the worker, the labor department needs to ensure that this law is being implemented and the police force needs to take action against those owners if the law is being violated.

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