The brick kiln child workers of Pakistan

Introduction

The concept of children working in hostile industrial environments is one which must challenge any who are concerned with child rights and welfare. From textile and clothing sweatshops to mines, cement factories and brick kilns there can never be any justification for submitting children to such inhuman conditions in the 21st century. Arguments that such work alleviates the impact of poverty on communities where such practices are common should never hold water; they are an excuse for not employing adults at an appropriate higher wage, which would have a much greater impact on community poverty. The suggestion that such an approach would make local industries uncompetitive simply reflects the widespread practice of paying children low wages and is linked directly to the employers’ wish to maximise profits.^1,2

One question which arises is the definition of who is a child and consequent upon that whether a child can enter into a contract with an employer, where the exposure to industrial practices and toxins can have a lifelong impact. With the exception of marriage, the law of Pakistan recognises that no young person under the age of 18 years can enter into a valid and binding contract. Employment is a contract for the supply of services and so, especially in hazardous industries, no one under 18 should be employed. Of course, the situation on the ground is that none of the children working in brick kilns have any formal contract, so this limits any rights they may have and allows employers to deny that children work at their kilns. Any contract that does exist is with the child’s father and leads to work by the whole family. It will be linked to everlasting debts and constitutes a form of bondage. The Order made by the Supreme Court of Pakistan in the case of Darshan Masih v State (PLD 1990 SC 513) stated at viii:

“The owners shall not directly ask or pressurise any labourer for employing the womenfolk or children. However, if the latter do so at their own risk and responsibility, no complaint shall then be made against the Bhatta owners in this behalf.”

In this review, the medical impact on children of working in the brick kilns of Pakistan is considered. In particular, its effect on respiratory function, ³ musculoskeletal development and cognitive performance will be addressed.^{4 –6} The medical impact of economic changes, such as the use of plastic waste as a fuel, rather than wood or coal, is likely to be significant and worsen the effects identified in earlier studies.

The need to introduce procedures to ensure that any legislation which outlaws such practices is effective will be critical; its implementation will require appropriate monitoring of work sites by an independent policing agency, not tainted by corruption. Draconian fines, the confiscation of the proceeds of such activities and imprisonment as punishments are likely to be the only tools which will bring about real change. The money generated from such fines and confiscation should be directly employed in the medical care, rehabilitation and education of the victims of such industrial practices. The need for this range of responses is underlined by the impact of such work on respiratory function, musculoskeletal disorders and cognitive functioning. The magnitude of the problem and the life-long impact of these diseases warrant an appropriate response with a significant financial input from those who have profited from these unacceptable industrial practices. The brick kiln children of Pakistan stand alongside other classical historical examples of those exploited by a range of industries, such as the matchstick girls and boy chimney sweeps of London in the 19th century.

The magnitude of the problem

It has been estimated that between 150,000 and 200,000 families, involving at least 230,000 children, work in the brick kilns of Pakistan, many in Punjab. Others have suggested that more than 1 million people are working in the brick kilns of Pakistan and more than one third are under the age of 18. Work is from dawn to sunset and payment dependent upon the number of bricks produced. Children usually help with watering the soil, kneading mud, carrying the mud to adult workers, and bringing them food and water. A lack of schooling ensures a lack of literacy and helps perpetuate debt bondage from one generation to the next.^{7 –10}

Health impact

The Human Rights Commission of Pakistan reports a high mortality rate among children working at brick kilns. In addition, about one in 20 families living on brick kilns have children who have lost their eyesight. A study of females working in the brick kilns has shown them to have elevated blood levels of cadmium, chromium and nickel.^11,12 Significantly elevated levels of arsenic and uranium have also been reported in children working in the brick kilns in Pakistan compared to controls. A study of the young children of brick workers in India found that they had poor immunisation status, malnutrition and nutritional deficiencies. ¹⁰

Respiratory impact

The forced vital capacity value of child brick workers in West Bengal, India was significantly lower at 2.04 than the 2.18 of controls. ⁵ Their forced expiratory volumes in 1 s was 1.82 compared to 1.92 in controls. Similarly, the peak expiratory flow rate was significantly different between the two groups.

Musculoskeletal impact

A study on air pollution at brick kilns and children’s growth showed that their height-for-age score was 0.679 standard deviations lower than those who were unexposed. In a study from West Bengal, India, of child brick workers, 97% reported lower back pain, 88% shoulder pain, 82% pain in the hands, 76% in the wrists, 73% the neck and 71% in the ankle. ⁵ These findings are consistent with anecdotes collected by researchers in Pakistan. ⁸

Cognitive functioning

A study of children, aged 5 to 12 years, working in the brick kilns of Peshawar has shown that their cognitive ability was 0.6–1.0 standard deviations lower than children in a comparison group. ³

Conclusions

The situation in Pakistan is not unique. Similar issues have been identified in India. However, Pakistan was founded on the basis that its laws would be consistent with Islam. The exploitation of children is contrary to Islamic principles, especially that of orphans and the poor. Pakistan has ratified the Convention on the Rights of the Child (CRC) and the Minimum Age Convention (C138), which prohibit child labour and set a minimum age for employment at 15 years. However, it has not ratified the Worst Forms of Child Labour Convention (C182), which defines and prohibits most harmful forms of child labour, such as slavery, trafficking, forced labour, debt bondage, hazardous work and involvement in armed conflict. Indeed, Ghani has reported cases of girls being sold into marriage by kiln owners to cover new debts incurred by their bonded fathers. ⁷

In addition, Pakistan’s domestic laws are inconsistently applied. For example, in 2013, the Supreme Court of Pakistan issued a ruling forbidding brick kiln owners from giving loans to workers that amount to more than 15 days of wages. But with towns and villages across the country relying on brick kilns for their survival, the law has been rarely enforced. One factor may be that, according to Kara, “influential politicians and their relatives owned most of these brick kilns”. There are a range of other laws, which should prevent the employment of children within brick kilns, such as the Shops and Establishment Ordinance 1969, Bonded Labour System (Abolition) Act 1992 and the Employment of Children Act 1991. However, they are seldom implemented in practice and it is incumbent upon the state to develop effective systems to stop the current exploitation of children by the brick industry and to prevent future recruitment of the vulnerable into work which will destroy their health and mental skills. This need is even more evident when the outright denial of employment of child labour in the brick kilns by owners and some government officials is taken into account.

Some may argue that this review has an emotional undertone and that would be true. However, the need to protect the vulnerable and to bring about change for the better has always been driven forward by those with vision and a missionary zeal to achieve their objectives.