PAKISTAN: Charter of child rights demands

Submitted by crinadmin on

The following statement has been issued by members of Child Rights Committees from 46 districts in Pakistan.

We observed that children in Pakistan have been adversely affected by the recent global economic crisis, rising inflation, recent floods, and military operations in Dera Bugti and Kohlu, Bajaur and Swat. Over 300, 000 children are in miserable conditions in Baluchistan, as a result of the earthquake. There is a lack if support for street children in urban areas, the involvement of children in armed /tribal conflicts and an insensitivity to the treatment of children by law enforcement agencies. Furthermore, the lack of political commitments to children by, for example, all political parties, demonstrates the insignificant attention given to half the country’s population.

We demand:

  • The enactment of the Child Protection Bill, pending in parliament for the last
    three years, and the implementation of the National Child Protection Policy (draft).
  • A separate ministry or independent commission/authority dealing with
    Children’s issues. The current National Commission for Child Welfare
    Development is a non-statutory, merely advisory body for the government,
    which does not provide a mechanism for redress. We demand an effective
    Child Protection Authority and/or a separate Children's Ministry
    empowered to protect the rights of children in Pakistan.
  • The ratification of the two optional protocols to the United Nations Convention on the Rights of the Child (UN CRC) regarding the sale and trafficking of children, and their involvement in armed conflict, and other relevant
    international treaties such as the Convention Against Torture(CAT) and the
    International Convention on the Protection of all Persons from
    Enforced Disappearances.
  • Pakistan must prohibit the employment of children under 14
    years in all occupations according to the ILO convention 138 dealing
    with the minimum age of admission to employment. Also, the employment of
    children in hazardous occupations should be completely prohibited for
    all children (under 18), in accordance with ILO convention 182 dealing
    with the worst forms of child labour.
  • Special attention to the needs of children in emergencies, such as shelter, food, health, education, re-settlement and reintegration.
  • The establishment of a parliamentary committee to review existing laws on children such as the Juvenile Justice Ordinance 2000, the Child Marriage Restraint Act 1929, the Employment of Children Act 1991, the Compulsory Primary Education Acts and other penal laws to make them
    consistent with the CRC to which Pakistan is a party.
  • The establishment of an expert committee to review procedural flaws
    In the criminal/juvenile justice system, particularly homicide laws in
    Pakistan regarding the killings of young girls in the name of honour,
    which are weak, contradictory and allow space for mediations and other soft options.
  • The repeal of Section 89(c) of the Pakistani Penal Code 1860 dealing with
    corporal punishment.
  • Traditional or cultural practices in the name of Jirga or faisla in which girl child is given as compensation to settle financial liabilities should be declared illegal. The ban imposed on Jirga in Sindh by Sindh Court Sukkur bench on 24th April 2004 should be implemented in letter and spirit and its scope should be extended to the whole of Pakistan.
  • Until the relevant amendments in the law are incorporated regarding
    the abolition of death penalty, a moratorium on the imposition and
    execution of death penalty for youth offenders should be declared.
  • Through Standing Operating procedures (SOP), the organs of the juvenile
    justice system such as police, prosecution, probation, judiciary and jail
    staff should be directed to follow the proper procedures at all stages from
    arrest, detention, and custody, to trial and imprisonment. Further more, they
    should be trained and sensitised on child rights.
  • Implement the Provincial Compulsory Education Ordinances and raise the
    age from primary to elementary education.
  • Establish exclusive Juvenile Courts as envisaged in the Juvenile Justice System Ordinance 2000. Also, notify a panel of lawyers and allocate adequate resources for free legal aid as stated in the 2000 Ordinance.
  • The proposed amendments for FCR in Parliament should include the
    abolition of collective punishment clauses and render it in consonance
    with other common laws.
  • Review and amend the Human Trafficking Ordinance 2002, to cover the
    internal trafficking of children. Trafficked children are not covered by this ordinance or the Employment of Children Act 1991, and other sections
    of the Pakistan Penal Code.
  • Increase the number of probation officers in all four provinces, particularly female probation officers in Sindh and Balochistan. The budget for the Probation and Reclamation Department needs to be increased to contribute towards the rehabilitation of children.

Further information

Country: 
Pakistan
Issues: 
Child participation
Gender and girls
Tags: 
Reporting to and monitoring the CRC

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