Empowering Pakistan’s home-based workforce

The enactment of the Punjab Home-Based Workers Act 2023 marks a transformative moment in Pakistan’s legislative landscape. It’s a pivotal step in representing the country’s resolve in safeguarding the rights of home-based workforce. With an estimated 20 million individuals engaged in home-based work across Pakistan, this legislation addresses a longstanding gap in the legal framework.

This groundbreaking legislation comes after years of advocacy and campaigning by grassroots organisations, trade unions and civil society groups to address the plight of home-based workers (HBWs) who have historically endured neglect and exploitation due to the absence of legal recognition. Therefore, it is pertinent to analyse the Punjab Home-Based Workers Act, tracing its historical progression, elucidating its key provisions and critically examining its implications for HBWs.

A critical aspect of the Act lies in its definition and scope of home-based work. While the Act offers a broad definition aimed at inclusivity, it warrants a closer examination of the various sectors and occupations encompassed within this definition. Understanding the diverse nature of home-based work is essential to address the specific needs and challenges faced by different categories of HBWs.

Moreover, the Act’s prohibition of child labour underscores Pakistan’s commitment to protecting children from exploitation. However, ensuring the effectiveness of this provision requires robust enforcement mechanisms and complementary measures that address the root causes of child labour. Initiatives focused on poverty alleviation, enhancing access to education and raising awareness about children’s rights can contribute to eradicating child labour in the long term.

The establishment of a Welfare Fund under the Act marks a proactive step toward ensuring transparency and providing financial support to HBWs. Nevertheless, equitable access to the Fund and transparent management of contributions are crucial for its effectiveness. Exploring innovative financing mechanisms such as public-private partnership could strengthen the Fund’s sustainability.

Addressing the challenges in enforcing the Act necessitates a multifaceted approach. Strengthening institutional capacity through training programmes for regulatory authorities and enhancing coordination among relevant stakeholders can enhance enforcement mechanisms.

Incorporating a gender-sensitive approach into the Act’s implementation is vital for addressing the specific needs of women HBWs. This involves targeted interventions, such as providing access to childcare facilities or offering vocational training programmes tailored to women’s needs.

While the Punjab Home-Based Workers Act represents a significant leap forward in protecting the rights of HBWs, it is not without its flaws. The Act’s effectiveness hinges on robust enforcement mechanisms and adequate resource allocation, which may pose challenges given Pakistan’s resource constraints and institutional capacity limitations.

Moreover, the Act’s broad definition of home-based work may result in ambiguity and difficulty in enforcement, necessitating clarity and precision in its implementation. The term “home” in section 2(m) stipulates a temporary or permanent resident. It’s suggested to remove the phrase “along with his family” to include HBWs don’t live with their families when doing such work. Additionally, definition of “disablement” under Section 2(e) should be expanded to include “temporary damage” as well due to its prevalence.

Looking to the future, there are opportunities to enhance the Act’s impact and address its shortcomings. Strengthening coordination among government agencies, civil society organisations and international partners can facilitate more effective implementation. Additionally, investing in research and data collection on HBWs’ working conditions would yield evidence-based policymaking and targeted interventions. Moreover, ongoing monitoring, evaluation and adaptation will be essential to ensure that the Act remains responsive to the changing dynamics of the labor market.

The enactment of the Punjab Home-Based Workers Act of 2023 represents a significant milestone in Pakistan’s journey towards ensuring the rights and dignity of its home-based workforce. This landmark legislation reflects Pakistan’s commitment to promoting social justice, gender equality and inclusive economic growth. However, the Act’s effectiveness hinges on robust implementation, enforcement and resource allocation.

In essence, the Act represents not only a legislative milestone but also a testament to the power of collective action and advocacy in advancing social justice and human rights. By embracing the principles of inclusivity, empowerment and solidarity, Pakistan can build a more just and equitable society where HBWs can realise their full potential and contribute to the nation’s socio-economic development.

Published in The Express Tribune, February 27^th, 2024.

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