Citizens’ Commission for Equality and Human Rights (CCEHR) Report for the Year 2023 Placed below is the 2023 CCEHR report on Equality and Human Rights relating to oppressed downtrodden and discriminated segments of our workforce. The report is based on research, surveys, interviews, obtaining information under Article 19A (Right To Information) and officially released documents and notifications. It includes the following topics: 1. Minimum Wage 2. Wage theft and Human Rights violations of sanitation workers 3. Child labour 4. Denial of EOBI and Social Security 5. Exploitation of Private Security Guards 6. Cruelty towards Railway Coolies 7. Wage theft and Human Rights violations of Workers at petrol pumps. 8. The deadly Coal Mines 9. Planned increase of disparity between the rich and the poor. 10. Discrimination and hazardous working conditions. 11. Recommendations. Disclaimer ** The incidents and organisations described in this report are only a small sample. By no means we suggest that these are the only incidents or organisations involved in wage theft and human rights violations in Pakistan.
1. Minimum wage a. Federal Government and the provinces notified the new minimum wage (applicable from 1st July 2023) for unskilled labour, based on 8 hour work per day for 26 days in a month as Rs32,000 per month. Overtime is paid at twice the rate, and thus the minimum wage for those who work for 12 hours is Rs64,000. All workers must be registered to EOBI and SESSI and must receive 4 holidays every month. b. Security guards fall under skilled labour category. The minimum wage for security guards, in Sindh is Rs33280 per month based on 8 hours work per day and 4 holidays in a month. Thus the security _____________________________________________________________________________ 18-B, Korangi Road, Phase 1, DHA, Karachi. citizenscommission399@gmail.com
guards performing 12 hour duty in Sindh are entitled to Rs66580 per month plus 4 holidays every month. c. The minimum wage for security guards, in Punjab is Rs 33806 per month based on 8 hours work per day plus 4 holidays in a month. Thus the security guards performing 12 hour duty in Punjab are entitled to Rs 67612 per month plus 4 holidays every month.
2. Wage theft and Human Rights violations of sanitation workers We find sanitation workers as one of the most exploited and discriminated segment of our society. Numerous government departments have subcontracted the sanitation task to contractors. While the contracts invariably mention the contractors’ obligation to comply with all labour laws, the government and private organisations,(as principal employers), fail / intentionally ignore to check and ensure that the contractors do in fact comply with minimum wage, EOBI, Social Security and other requirements of labour law. No government or private organisation that was interviewed met the requirements of labour laws for their contracted sanitation workers. The specific incidents quoted below reflect only a few samples of the hugely prevalent wage theft and human rights violations of sanitation workers. a. Sindh Solid Waste Management Board (SSWMB) has sublet its entire solid waste management task to Chinese companies in Karachi and to Turkish companies in Hyderabad. In turn the Chinese company has sublet the task to multiple layers of Pakistani sub-contractors. As of December 2023, thousands of SSWMB sanitation workers were still receiving an illegal wage of Rs15,000 per month. They are registered neither to EOBI nor to Social Security. They have no medical leave and must lose their salary for any day of absence or sickness. The concept of payment at twice the minimum wage rate for over time and holidays is unheard of. Placed below are a few samples. SSWMB 15 years 15K on 30 Nov 2023 - YouTube SSWMB 16 year for 15k on 8 Nov 2023 - YouTube SSWMB September 23 - YouTube SSWMB 16 Nov 2023 - YouTube
_____________________________________________________________________________ 18-B, Korangi Road, Phase 1, DHA, Karachi. citizenscommission399@gmail.com
b. All Cantonments across Pakistan, who operate with contracted / daily wage sanitation workers, have continued to pay illegal salary of Rs25,000 till the publishing of this report on 31 December 2023. These contracted sanitation workers are also not registered to EOBI or Social Security. They have no medical leave and must lose their salary for a day of absence. The concept of payment at twice the minimum wage rate for over time and holidays is unheard of. c. The three major government hospitals of Sindh, JPMC, Civil Hospital and Abbasi Shaheed Hospital continue to pay less than minimum legal wage to their contracted sanitation staff. They are also not registered to EOBI or Social Security. Cruelty at Abbasi Shaheed Hospital Karachi - YouTube d. Pakistan Post Office sanitation workers, working at post offices, through 3rd part contractors receive illegal and inhuman wage of Rs15000 per month. Their salary is deducted at the rate of Rs500 per day, for any day of absence or sickness. They are also not registered to EOBI or Social Security. Pak Post 21 Oct 23 (youtube.com) e. The Ocean Mall, a prominent upscale Mall at Clifton Karachi pays Rs19,000 per month for 9 hours duty each day to its contracted sanitation workers. They are also not registered to EOBI or Social Security. f. In no municipality of Sindh, the contracted sanitation workers receive the minimum legal wage. They are also registered neither to EOBI nor to Social Security. g. The SSWMB has contracted out the solid waste task at Hyderabad to a Turkish company, which employs Pakistani sanitation workers for Rs19,000 per month . They are also registered neither to EOBI nor Social Security. 15 year sanitation worker in Qasimabad - YouTube h. The contracted sanitation workers of Lahore Metro are paid less than the legal minimum wage and are also not registered to EOBI or Social Security. i.
The sanitation workers working at hundreds of Chhippa (a volunteer organisation) food centres (Dastarkhwans) at Karachi, employ sanitation workers for Rs20,000 per month. Thus while they do perform a
_____________________________________________________________________________ 18-B, Korangi Road, Phase 1, DHA, Karachi. citizenscommission399@gmail.com
great noble service for general public, it ought not to be done by paying illegal wages to own employees. j.
A citizens’ petition for illegal wages being paid to contracted sanitation workers of SSWMB and the Sindh Municipalities is being heard by the honorable Sindh High Court since January 2022. Sadly, these departments have not been held accountable so far, despite overwhelming evidence of the illegal wages being paid to the sanitation workers.
k. The contracted sanitation workers of SSWMB or Sindh Municipalities do not receive their salaries in their bank account as required by law. l.
The sanitation workers working in Cantonment Boards were now receiving their salary in their respective bank accounts.
3. Child labour We could interview scores of children between the ages of 12 and 16 working as contracted sanitation workers of SSWMB in Karachi. These sanitation workers work at the bottom of the cruelty chain – from SSWMB to Chinese companies to Pakistani sub-contractors and finally to sanitation workers. This work is highly hazardous and must never be performed by children. The work involves cleaning the roads and then picking up, with bare hands, the chemically and biologically hazardous waste, that is loaded with diseases of all kinds. These children are also deprived of their childhood, education and dignity. Our estimate is that between 500 to 1000 such child sanitation workers are deployed by SSWMB in Karachi. Placed below are four videos - one of a 15 year old child working as fuel operator at Total petrol pump and others of 15 year old children working as a SSWMB sanitation workers. (1) 15 year old at Total pump 8 Nov 2023 - YouTube SSWMB 15 year old sanitation worker 1 Nov 2023 - YouTube SSWMB 15 year and 15K - YouTube 15 year sanitation worker in Qasimabad - YouTube
_____________________________________________________________________________ 18-B, Korangi Road, Phase 1, DHA, Karachi. citizenscommission399@gmail.com
Shown below is a 14 year old child, at 9:30 am on 14 December 2023, sweeping the streets of Pahar Gung Block Q, North Nazimabad, Karachi - performing sanitation work for the Sindh Solid Waste Management Board and its multiple subcontractors.
4. Denial of EOBI and Social Security Approximately 65 million workers of Pakistan have been deprived of registration to EOBI. They will thus get no pension as they reach the age of superannuation. There could not be greater cruelty and tragedy than to not register any contracted sanitation workers, private security guards or railway coolies in any EOBI or social security scheme. This is not just a serious violation of their human rights, but it also jeopardizes _____________________________________________________________________________ 18-B, Korangi Road, Phase 1, DHA, Karachi. citizenscommission399@gmail.com
their survival in old age, their loss of dignity and their getting dependent on family members.
5. Exploitation of Private Security Guards a. There are an estimated one million private security guards in Pakistan, whose services are used by banks, petrol stations, embassies, malls, courier services, Post Offices, National Savings, PIA, government departments, hospitals, industrial organisations and private individuals. b. Operated by 34 banks, there are more than 16,000 bank branches that deploy private security guards. There is not a single bank that complies with all requirements of labour law (legal salary, EOBI, Social security). The minimum legal wage for security guards is Rs66560 in Sindh and Rs67612 in Punjab for 12 hours duty. Although still much less than minimum legal wage, the Standard Chartered Bank paid highest salary (as compared to other banks) of Rs40,000 per month to their private security guards. Placed below is a representative sample of this wage theft: Cruelty at Meezan Bank 30 Nov 2023 @justicevoiceless1234 #securityguard (youtube.com) c. Pakistan Post Office private security guards, deployed at post offices, through 3rd part contractors receive illegal and inhuman wage of Rs 22,000 per month for 8 hours duty as against the legal wage of Rs.33280 for 8 hours duty. They are also not registered to EOBI nor to Social Security. The salary is paid late, often beyond the 20th of each month. Post Office guard 19 December 2023 - YouTube
d. Private security guards, deployed at National Savings branches received illegal and inhuman wage of Rs17500 from July 2022 to June 2023, when the legal wage was Rs25,000. (see video below). Although it has been now raised to Rs 25,000 per month for 12 hour duty, it is still a hugely exploitative wage, as the correct legal salary from 1st July 2023 is Rs66560 for 12 hour duty. They are also registered neither to EOBI nor to Social Security. National Saving Paying Rs17500 in Feb23, when the min wage was 25K - YouTube e. Over 300 Lab Sample Collection Units of Aga Khan University Hospital and over 60 collection centres of Daw Labs employ several hundred private security guards at illegal wage of Rs25,000 per month instead of _____________________________________________________________________________ 18-B, Korangi Road, Phase 1, DHA, Karachi. citizenscommission399@gmail.com
the government specified minimum wage of Rs66560 (for 12 hours) for private security guards. AKU 2023 - YouTube
f. Over 12,000 petrol pumps in Pakistan employ security guards and pay them less than half the minimum legal wage. Here is just one sample of this huge mountain of cruelty. Total pump guard 9 Oct 23 - YouTube
g. State Life Insurance, another government department deploys private security guards at its buildings and pays them ruthlessly cruel and illegal wages. Please see evidence below. STATE LIFE INSURANCE - YouTube
h. Thousands of private security guards are deployed at the homes and streets of the rich communities in Pakistan. Sadly they are all paid illegal wages between Rs20K and Rs26K for 12 hour duty. Street guards at DHA December 23 - YouTube Guard at Momin 20 Dec 2023 - YouTube
i.
The security guards of all major government and private hospitals in Karachi, Lahore, Faisalabad, Multan, Rawalpindi and Peshawar are paid less than half of the legal minimum wage. Here is a sample from JPMC. JPMC 2023 - YouTube
6. Cruelty towards Railway Coolies Railway coolies are one of the most exploited segments of Pakistani workforce, Pakistan Railway subcontracts the luggage management / coolie provision function to private contractors for each railway station. This is done by yearly tenders / contracts. Every coolie at every railway station, in turn surrenders 30 percent of his daily earning / mazdoori, to these cruel contractors. Coolies perform highly hazardous task of lifting
_____________________________________________________________________________ 18-B, Korangi Road, Phase 1, DHA, Karachi. citizenscommission399@gmail.com
multiple heavy items of baggage on their heads, shoulders and back and suffer multiple musculoskeletal problems - often lasting for years. On the average, after surrendering 30 percent income to the contractors, coolies are left with about Rs15000 to Rs25,000 per month. This is way below the minimum wage. They have no EOBI and no Social Security. Thus, Pakistan Railway is in criminal violation of human rights by not ensuring (being a principal employer) that the coolies working on its premises, on its behalf and for its functions, receive at least a minimum wage of Rs32,000 for 8 hours and Rs64,000 for 12 hours. At Hyderabad Railway Station, this 78-year-old coolie surrenders 50 percent of his entire daily earning to a cruel contractor of a callous Railway. 20231Coolie at Hyderabad Railway Station - YouTube
7. Wage theft and Human Rights violations of Workers at petrol pumps. a. All petrol pumps in Pakistan are engaged in major violations of human rights and illegal wages. The workers at petrol stations work for 24 hours for 15 days a month and receive between Rs22000 to Rs.25,000 per month. Kindly see video evidence of Shell Petrol Pump and another of Total Parco petrol pump below. They show ‘wages and ages’ of guards and petrol pump operators at Shell and Total Petrol pumps. (2) 15 year old at Total pump 8 Nov 2023 - YouTube (1) Total pump guard 9 Oct 23 - YouTube Shell Petrol Sun Set 16 Nov 2023 - YouTube b. The legal minimum wage from 1st July 2023 is Rs32,000 for 8 hours for 26 days in a month. For those who work for 24 hours for 15 days every month the correct legal wage is Rs80,000 (based on 8 hours of regular shift and 16 hours of overtime on each of the 15 days.) c. OGRA (Oil and Gas Regulatory Authority) issues licenses to Oil Marketing Companies (OMCs). Compliance to all national laws is a
fundamental requirement built in these licenses. OGRA also claims on its website that its mission is “To safeguard public interest through _____________________________________________________________________________ 18-B, Korangi Road, Phase 1, DHA, Karachi. citizenscommission399@gmail.com
efficient and effective legislation in the midstream and downstream petroleum sector”. Sadly, OGRA’s regulation is neither efficient nor effective. Not a single petrol pump, belonging to any OMC or its subcontracted dealers / contractors complies with any of the labour laws of Pakistan. OGRA either has no mechanism or is not bothered to ensure that the minimum wage, EOBI, over time laws are in fact complied by the OMCs at the petrol stations of Pakistan.
8. The deadly Coal Mines a. Mine blasts, landslides, electrocutions, and exposure to poisonous gas in unregulated and illegally run coal mines of Pakistan cause dozens of mine accidents every year. IndustriALL, a global union of workers estimates over 100 miners had been killed in coal mines of Pakistan in the first 11 months of 2023. b. Safety mechanisms, in coal mines are inadequate and incapable to stop these accidents. In addition to the extremely inadequate facilities and infrastructure, mine workers are not provided with any training to carry out mining operations safely. Headlamps frequently malfunction and mining sites lack warning systems to alert workers to potential dangers like gas leaks or flooding. In the event of a mine roof collapse, there is no system in place to warn or retrieve the workers. The complete lack of proper supervision at work, further increases occupational hazards. The law requires one doctor and one ambulance to be stationed in mining areas, but in reality no such facilities are available for the workers. Nov 2023 Appeal from a coal miner - YouTube c. Mine inspectors , mine managers and mine owners appear hand-in-
glove by accepting low safety standards, and overlooking violations.
d. There are only 47076 miners registered to EOBI out of approximately 100,000 coal miners in Pakistan. _____________________________________________________________________________ 18-B, Korangi Road, Phase 1, DHA, Karachi. citizenscommission399@gmail.com
e. The situation in government-controlled mines is no better. At least fourteen people have died in mines run by the Pakistan Development Mines Corporation this year. f. The coal miners receive on the average Rs 1000 per ton, while the owners sell the coal in the market for roughly Rs30,000 per ton. So for taking the real risk, undergoing the real danger and performing the real hard work, the coal miners receive only thirtieth (1/30th ) part of the amount that is made by the mine owner. This is extreme cruelty and exploitation.
9. Planned increase of disparity between the rich and the poor. ARTICLE 38(e) of the Constitution requires the state to promote the social and economic well-being of the people by “ reduc[ing] disparity in the income and earnings of individuals, including persons in the various classes of the service of Pakistan”. There is considerable evidence of well-planned schemes that make Pakistan go in the direction opposite to the one suggested by the Constitution. a. The policy of across-the-board annual raise in salaries (by same or similar percentage) of government officials is highly deceptive and discriminatory. Consider the 2023 pay rise of government employees. Some one receiving a salary of 1 million and a raise of 30% would receive an increment of Rs300,000 per month. On the other hand, some one receiving a salary of Rs60,000 and a raise of 35% would receive an increment of Rs 21000 per month. Thus, in one go, the gap between the monthly salary of the highest and the lowest salary of two government officials is further widened by Rs279,000.
b. A sanitation worker who works for a government Department (SSWMB) in Karachi under a contractual arrangement (through sub-contractors) receives a salary of Rs15000 per month. The Chief Justice of Pakistan receives Rs 1732588 per month, while numerous government officials like Governor State Bank, MD SSGC and MD SNGPL receive a monthly salary of plus 2.5 million. _____________________________________________________________________________ 18-B, Korangi Road, Phase 1, DHA, Karachi. citizenscommission399@gmail.com
Thus, the salaries of the lowest and the highest paid employees working full-time for the government comes to an unbelievable and hugely undesirable ratio of 1:167. {In most western countries this ratio is only 1:11 } c. In November 2023 the government raised the already bloated salary of MP1 grade officers from Rs554600 to Rs804180. No one raised the issue that the increase of Rs250,000 per month of a select few is deeply related to the wage theft of thousands of workers (such as the SSWMB sanitation workers) by paying them Rs15,000 instead of Rs32,000. d. The policy of providing numerous perks, allowances, free petrol, security, free electricity etc. over and above the basic salary to those who already receive disproportionately high salaries is in sharp contrast with zero perks given to the lowest paid workers. e. The government of Pakistan is perhaps the only government in the world which has issued approximately 100,000 cars to its officials, ostensibly for official use. The truth is that these government cars are used to pick and drop the officials, take their children to schools and their spouses for shopping. In sharp contrast, the UK government uses only 86 official cars kept in a central carpool which are made available against a written requisition for a specific errand only. In most other countries there is no concept of an official car being given to any government official or minister. f. A Pakistani worker receives a pension (EOBI) of Rs.10,000 per month. In sharp contrast, the retired judges of the Supreme Court receive a pension of approximately Rs900,000 per month. Over and above the hefty pension they are also entitled to 2,000 units
of free electricity, 300 litres of free fuel, 24-hour security (three security guards at Rs33,280 per guard). As if this was not enough, they are also entitled to purchase the official vehicle in their use on retirement at a depreciated value. When asked under the freedom of information law, the reply of the supreme court of the UK about the pension perks of its justices was, “There are no specific perks or privileges available to retired Supreme Court _____________________________________________________________________________ 18-B, Korangi Road, Phase 1, DHA, Karachi. citizenscommission399@gmail.com
justices. However, as justices of the Supreme Court they are entitled to be styled as ‘Lord’ or ‘Lady.’
10.
Discrimination and hazardous working conditions. a. Ninety five percent work of gutter cleaning in Pakistan continues to be performed by manual entry of sanitation workers using no safety equipment of any kind and manually scavenging the sewage with bare hands. This exposes them to indescribable diseases, wounds, cuts, and long-term illnesses. It is estimated that about 100 workers die in sewage gutters every year in Pakistan. b. Regardless of the reasons, almost 100 percent of those who are made to enter the sewage gutters are non-Muslims. This may be the highest example of religious discrimination in modern history. c. The picture below shows the dead body of a sanitation worker being pulled out, six days after he drowned in a sewage gutter in an upscale Clifton (Karachi) residential area in 2023.
_____________________________________________________________________________ 18-B, Korangi Road, Phase 1, DHA, Karachi. citizenscommission399@gmail.com
d. Any suggestions that the sewage workers use any kind of safety measures or equipment while entering the sewage gutters are far from the truth. The reality is that they still continue to enter the raw sewage gutters, as they did a 100 years ago - wearing brief shorts, working with bare hands and using zero protective equipment or tools. At best, in some cases, their lowering and raising is helped by 2 persons standing outside the gutter, as shown below.
11.
Recommendations.
The conditions, wages and treatment, meted out to the sanitation workers, coolies, security guards, coal miners and those working at petrol stations can only be considered way “beyond cruelty, illegality and inhumanity”. CCEHR would like to make the following recommendations that can alleviate this modern-day-slavery, reform the system and create a more equal society in Pakistan. a. “Duty to report” be introduced as mandatory legal requirement for all citizens who may experience, observe, or have reason to believe that someone is undergoing wage theft (payment of less than minimum legal wage), violation of over-time or essential holidays, not being registered to EOBI / social security or engaged in child labour or child abuse / neglect. A nation-wide Helpline be introduced to handle all such complaints. The nation-wide Helpline _____________________________________________________________________________ 18-B, Korangi Road, Phase 1, DHA, Karachi. citizenscommission399@gmail.com
should replace all other dysfunctional Helplines of Pakistan such as 1199 of MoHR Islamabad or 1121 of Sindh Child Protection. b. The ratio of lowest and highest salary as well as pension in all services of the government of Pakistan must be mandated not to exceed 1:10 c. Every 18 years and above, working Pakistani citizen, regardless of the nature of employment or employer must be declared eligible for registration to EOBI and Social Security. The condition of EOBI currently limited to organisations with more than 5 employees be eliminated. The EOBI registration and payment system be made digital and considerably simpler for an ordinary worker to register electronically in 4 to 5 minutes. The EOBI pension be pinned to 75% of the minimum legal wage. d. Sanitation contracts to foreign companies be cancelled and given to Pakistani companies who must not be allowed to further subcontract the task and who employ their own full-time sanitation workers as regular employees and who pay them correct legal wages, EOBI, Social security, leave and overtime according to the latest labour laws.
e. EOBI, social security, overtime and holidays be declared an integral component of very job, regardless of the nature of employer and employment - regular, temporary or contracted. f. The CCEHR finds the following government organisations guilty of acts of omission, commission and neglect in creating, enabling or ignoring severe wage theft and human rights violations of the most vulnerable categories of poor and helpless citizens described above: • • • • •
Pakistan Post (Para 2d, 5c) National Savings (Para 5d) Sindh Solid Waste Management Board Para 2a, 2j, Para3) Metro Lahore (Para 2h) Directors of JPMC, Abbasi Shaheed and Civil Hospital Karachi (Para 2c, 5i)
_____________________________________________________________________________ 18-B, Korangi Road, Phase 1, DHA, Karachi. citizenscommission399@gmail.com
• • • • • • •
KWSB Karachi, WASA Hyderabad, WASA Lahore, WASA Faisalabad and WASA Rawalpindi (para 10) Chairperson EOBI (Para 4) Cantonment Executive Officers of Cantonments (para 2b) State Life Corporation Pakistan (para 5g) Mines Departments of all four provinces.(Para 8) Oil and Gas regulatory Authority (Para 5f, para 7) Pakistan Railway (para 6)
None of the above violations would have been possible, had the following government departments been effective, vigilant, and played the role they are paid for: • • • • •
Labour Departments of Punjab, Sindh, KPK and Balochistan The institution of EOBI Human Rights Ministries of Federal, Punjab, Sindh, Balochistan and KPK Various national and provincial Human Rights Commissions of Pakistan Minimum wage Board Sindh, Punjab, KPK and Balochistan
g. A complete ban on manual entry and scavenging of sewage gutters be notified and the Heads of the Departments be held directly responsible for sending any worker into a sewage gutter. h. Locally manufactured suction, jetting and grabbing machines be acquired and used as an alternate for manual cleaning of sewage gutters. i.
Salaries of all contracted / 3rd party sanitation workers, security guards, coal miners and petrol pump employees be paid directly in banks to document and make transparent the true wages paid to the workers.
j.
All government officials, including judiciary, must receive just one flat salary, with no additional perks, allowances, or entitlements. Likewise, all government officials including judiciary, must receive just one flat pension with no additional perks, allowances or entitlements. Perks like free electricity units, free fuel, free phones,
_____________________________________________________________________________ 18-B, Korangi Road, Phase 1, DHA, Karachi. citizenscommission399@gmail.com
free club memberships etc. must be completely eliminated for all government officials. k. All government vehicles allotted to government officials including the ministers and the chief ministers be withdrawn, sold in market and funds deposited in state exchequer. A few dozen cars may be retained in central pools for official use, on requisition basis. l.
Jobs of private security guards petrol pump employees be made 8 hourly and they be paid the minimum legal wage, EOBI, Social Security, weekly holidays and overtime.
m. Wages of coal miners be linked to the workers receiving one third of the total amount at which the coal is sold in the market.
Sara Malkani For CCEHR
Naeem Sadiq For CCEHR
Dr. Kartar Dawani For CCEHR
Tahera Hasan For CCEHR
_____________________________________________________________________________ 18-B, Korangi Road, Phase 1, DHA, Karachi. citizenscommission399@gmail.com