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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the second Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholders' Information'. Also included is the list of accepted and rejected recommendations. Pakistan – 14th Session – 2012 Scroll to: National Report (Read about the first cycle review) 9. The 18th Amendment has given more financial and administrative autonomy to the provinces and transferred subjects of health, education, housing, social welfare, women development, water and sanitation to the provinces. It has further strengthened the human rights guaranteed under the Constitution. The Right to Education (Article 25A), Right to Information (Article 19A) and Right to Fair Trial (Article 10A) have been established as fundamental rights which cannot be suspended. 27. In April 2008, Pakistan ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR). Pakistan ratified International Covenant on Civil and Political Rights (ICCPR) and Convention Against Torture (CAT) in June 2010. In August 2011, Pakistan ratified the Convention on the Rights of Persons with Disabilities and the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography. 36. In a meetingheld in Islamabad in May 2005, SAARC decided to establish the South Asia Forum for Ending Violence Against Children (SAF). In June 2010, the Forum was transformed into the South Asia Initiative to End Violence Against Children (SAIEVAC). SAIEVAC is an inter-governmental body that aims to provide all South Asian Children with an environment free from neglect, violence, abuse, discrimination and exploitation. It focuses on issues of corporal punishment, child labour, early marriage, trafficking, sexual abuse and exploitation. Pakistan accords high priority to this institution and is committed to further strengthen it. 37. Pakistan is also an active participant of the SAARC Gender Database that compiles comprehensive regional data on gender issues including violence against women, trafficking in women and girls, and on indicators relating to women’s health and HIV/AIDS. 43. The Prevention of Anti-Women Practices (Criminal Law Amendment) Act 2011 has strengthened protections for women against discrimination and harmful traditionalpractices. It criminalizes forced marriages, child marriages and other customary practices that are discriminatory towards women. Forced marriage is now punishable with imprisonment of up to 10 years and a fine of PKR 500,000. The law also bans depriving women from inheriting property through any deceitful or illegal means and is punishable with an imprisonment for 5-10 years and fine up to PKR one million. The practice of so- called “Marriage to the Quran”in order to deprive them of their right to inheritance has also been criminalized and carries a sentence of 3 to 7 years. 55. Trafficking in women and children is an issue of serious concern to the Government of Pakistan. The framework for protection of persons from trafficking is provided by the Prevention and Control of Human Trafficking Ordinance (PACHTO) 2002. The Ordinance prohibits all forms of transnational trafficking in persons and prescribes imprisonment ranging from 7 to 14 years for those responsible. Federal Investigation Agency (FIA) has established anti-trafficking units to protect potential or actual victims of trafficking and investigate and prosecute suspected human trafficking crimes. The law enforcement agencies coordinate with civil society organizations, lawyers, prosecutors, community leaders and the media to raise general awareness on the laws relating to trafficking in human beings, in providing relief to victims of trafficking and in establishing shelters for them. 56. Pakistan is party to the Convention on the Rights of the Child (CRC). In July 2011, it ratified the Optional Protocol of the CRC on the Sale of Children, Child Prostitution and Child Pornography. 57. A National Commission for Child Welfare and Development (NCCWD) is tasked with assessment and promotion of child rights in Pakistan. It oversees, monitors and facilitates implementation of the Convention of the Rights of the Child and other international and regional legal instruments on child rights. It works closely with provinces, which have the prime responsibility to legislate and take measures for child protection. 58. A Charter of Child Rights Bill, introduced in the National Assembly in 2009, is in final stages of parliamentary approval. The bill aims to strengthen the NCCWD and transform it into a Commission on Child Rights with the primary responsibility of implementing and monitoring the Charter of Child Rights. 59. In Sindh, Child Protection Authority law was passed in 2011. Under this law an 11- member authority has been set up to coordinate and monitor child protection issues at provincial and district levels. The Authority would establish an institutional mechanism for child protection and set minimum standards for all institutions relating to children, including educational institutions, orphanages, shelter homes, child parks and hospitals, and ensure implementation. 60. In 2010, Khyber-Pakhtunkhwapassed the Child Protection and Welfare Act 2010. Under this Act, a Child Protection and Welfare Commission has been set-up. The Commission reviews provincial laws and regulations affecting the status and rights of children and proposes new laws; implements policies for protection, rehabilitation and reintegration of children at risk; monitors implementation and violation of laws relating to child protection including prevention of child labour, sexual abuse and exploitation, prostitution, pornography and trafficking. Each administrative district of the province will have a Child Protection Unit led by a Social Welfare Officer. These units will develop consultative community structures and support initiatives for prevention of abuse, neglect and exploitation. The law also provides for Child Protection Courts to address cases of child welfare. 61. In addition to the recent legislative measures, a number of administrative steps have been taken for protection of child rights: The federal and the provincial governments have developed a Child Protection Management Information System (CPMIS). CPMIS is a national monitoring system to collect district-level data on five areas of child protection, namely juvenile justice, child trafficking, sexual exploitation, violence against children and family environment/alternative care. The objective is to assess the situation of child rights in the country and make informed policy decisions. A National Child Protection Centre (NCPC), set-up in 2007, provides temporary shelters to child victims of violence and homeless, street and runaway children. It also provides psychological counseling and social legal and medical assistance and helps in rehabilitation, reunification and reintegration of these children. It has a National Child Protection Helpline & National Child Protection Network with stakeholders throughout the country. Children Complaints Offices have been established in the secretariats of Federal and Provincial Ombudspersons to address the concerns and complaints regarding child protection in schools, residential institutions and public services. In March 2011, Punjab established a Child Protection and Welfare Bureau to protect and rehabilitate destitute and neglected children by providing them opportunities for education and personal development. The Pakistan Bait-ul-Maal operates Sweet Pakistan Homes across the country for orphan, destitute and homeless children. The Homes give protection to these children and provide them quality education, health and better living conditions. All four provinces have set up welfare homes for destitute children to rehabilitate lost, runaway, kidnapped children and children victims of violence. Child Protection/ Education and Counseling Centres have been established with support from UNICEF. These Centres provide non-formal education, psychological counseling and legal aid to street children, working children and children victims of violence and commercial sexual exploitation. 90. Despite some security problems, child immunization has advanced forward in collaboration with UNICEF and other partners. Some 7 million children have been immunized and 20 million packets of ORS have been distributed. 91. The literacy rate in Pakistan is 58 percent.It is higher in urban areas than in rural areas. There is also a disparity between men and women and between the provinces. Efforts are being made to remove this disparity and to increase emphasis on education. With the passage of the 18th Amendment to the Constitution, right to free and compulsory education is now recognized as a fundamental right. 92. In July 2012, the Parliament passed a bill to provide free and compulsory education to all children, aged between five and 16 years, in Islamabad. The aim of this is to start a national tradition for providing free education to all children. “Every child regardless of sex, nationality or race shall have the fundamental right to free and compulsory education in a neighbourhood school.” It provides that both boys and girls of migrants, including non- Pakistani families should benefit from attending schools. 93. At the federal level, Higher Education Commission (HEC) awards scholarships for higher education in Pakistan and in select universities abroad. Furthermore, programmes like Presidents’ Funni Maharat programme and Prime Minister’s Hunarmand Pakistan Programme have been introduced to increase opportunities of vocational training to the youth. In 2011-12, a total of 134, 118 youth received this training. 94. In the Punjab province, a sum of Rs 10 billion have been allocated to the Punjab Education Foundation for promotion of school education in marginalised areas through public-private partnership. Under the Women Empowerment Plan launched in 2012, the Punjab government plans to earmark at least 70 percent of jobs for women in primary education. About 60 percent of the funds out of Punjab Education Sector Reforms Programme will be earmarked for the provision of missing facilities for girls’ schools in the Annual Development Plan for 2012-13. 95. The Khyber Pakhtunkhwa Government has announced an educational emergency in the province aimed at improving literacy rates and standards of education. It has increased its educational budget to 4 percent of its GDP and has allocated 64 Billion PKR for education in the 2012-13 budget. The province has also introduced a policy of establishing daycare centers in women colleges to facilitate students and teachers. 96. In Sindh and Balochistan budget allocations for education have been increased considerably.Sindh will spend PKR 9 billion on education while Balochistan hasallocated PKR 22.4 billion for the education sector, most of which would be spent on renovation of school buildings. 103. Traditionally, the social protection network at the federal level consists of Central Zakat Fundand Pakistan Bait-ul Mal (PBM).These provide subsistence allowance to poor widows, orphans, disabled and the unemployed and support their medical treatment. 110. Since 2001, more than 40,000 Pakistani citizens including, members of the armed forces, have lost their lives in terrorist and suicide attacks. Extremists have targeted hospitals, schools, shrines, mosques, and other places of worship. This provides an environment of intimidation for law enforcements officials, members of judiciary and civil society activists. Despite this extremely challenging environment, Pakistani law enforcement agencies have acted with restraint. They maintain high standards of professional conduct and uphold human rights in dealing with militants. 112. A wide range of deradicalization and skill development programs have been launched for the youth to keep them away from the influence of radical elements. Project Sabaoon was introduced in the Malakand district of Khyber Pakhtunkhwa in the wake of law enforcement operation in Swat. The Project is aimed at de-radicalizing teenage boys through education. Boys recovered from militants or extremists are provided secondary school education with residential facilities under supervision of psychologists and child specialists. Over 1150 young men have benefited from this programme and reintegrated into the society. In 2010, a second similar facility was also opened for girls. Compilation of UN information 2. The Committee on the Rights of the Child (CRC) recommended that Pakistan ratify OP-CRC-SC and OP-CRC-AC as well as, ICMW, CED and their Optional Protocols and OP-ICESCR. 5. CRC was concerned that the Charter of Child Rights Bill that plans to incorporate all principles and provisions of the Convention into domestic legislation and the draft Child Protection Policy have not been adopted, and recommended that Pakistan adopt them. It also recommended that Pakistan promptly adopt legislative measures to clearly define and outlaw sexual abuse and exploitation of children and that cases of abuse of children, be properly investigated and perpetrators be duly prosecuted. 7. CRC recommended that Pakistan provide the National Commission for Child Welfare and Development and/or the National Commission on the Rights of Children with sufficient human and financial resources to carry out their tasks in an effective manner. 11. During the period under review the special procedures sent several joint communications that remain unanswered on issues related to summary executions, minority and religious groups, secret detention centres, trafficking and sale of children as well violence against women. More recently, communications were sent on alleged killings of journalists, threats against human rights defenders and forcible abduction for religious purposes, and domestic violence. 12. CRC recommended that Pakistan take all appropriate measures, to combat and prevent discrimination and negative societal attitudes and mobilize political, religious and community leaders to support efforts to eradicate discrimination against children belonging to religious or other minority groups, children with disabilities, and children living in poverty and in rural and remote areas. 16. UNCT noted that challenges remain in relation to implementation of legislation and particularly the enjoyment of equal rights by women and girls as well as by religious minorities, youth and other excluded groups. Accountability and enforcement mechanisms are very weak especially at local level. Historical regional disparities across the four provinces, AJK, FATA and G&B have been heightened by prolonged crisis and recurrent natural disasters. 17. The High Commissioner for Human Rights noted the National Assembly had adopted a number of important new laws designed to protect women and girls from violence, but recommended that effective monitoring and reporting mechanisms be put in place as the overall picture of women‟s rights in Pakistan, especially in rural areas, remains grim. 22. CRC welcomed the adoption of the Protection of Women Act, which criminalizes violations of women’s and girls’ human rights, while expressing concern at the still widespread and increasing problem of honour killings, which are routinely imposed by jirgas (parallel judicial systems) in the tribal areas. It was also concerned at the high percentage of women and girls in jails awaiting trials for adultery-related Hudood offences and at the imposition, by parallel judicial systems, of sentences like whipping, amputation and stoning amounting to torture or cruel, inhuman or degrading treatment. The High Commissioner for Human Rights welcomed Pakistan’s Supreme Court’s observation that jirgas are illegal. CRC remained concerned at the persistence of inhumane customs and rituals threatening the lives of and causing extreme insecurity, health hazards and cruelty to girl children, such as murders, burnings, acid attacks, mutilations, stripping and sexual harassment. 24. CRC urged Pakistan to take all possible measures to prevent and prohibit the recruitment of children and their use in armed actions and terrorist activities, including suicide attacks. As highlighted by UNHCR, CRC urged making every effort to reinforce protection of the right to life, survival and development of all children through policies, programmes and services that target and guarantee its implementation. The ILO Committee of Experts on the Application of Conventions and Recommendations (ILO Committee of Experts) observed that CRC expressed its concern that there were reports of children being recruited forcibly to participate in armed conflicts, especially in Afghanistan and in Jammu and Kashmir. 26. CRC remained deeply concerned at reports of torture and ill-treatment of children by police officers in detention facilities and other State institutions. 27. UNCT noted the continued legality of corporal punishment of children. CRC recommended that Pakistan, as a matter of urgency, repeal section 89 of the Penal Code of 1860 and explicitly prohibit all forms of corporal punishment in all settings and set up an effective monitoring system. 28. The ILO Committee of Experts noted that Pakistan continued to be a major destination for trafficked women, and a major transit country. CRC urged Pakistan to take all measures to ensure the protection of children from international and internal trafficking and sale. 29. UNCT noted that Pakistan has taken some initiatives to combat child labour, by adopting a national policy, a plan of action and legislation. But capacity concerns remain high posing acute challenges. The United Nations Children‟s Fund (UNICEF) noted protection issues negatively affected by floods remain, including trafficking and exploitation, child marriage and child labour. 30. The ILO Committee of Experts expressed concern at the high number of working children under the minimum age and urged the Government to redouble its efforts to improve this situation. 31. CRC reiterated its concern at the increasing number of children in street situations throughout the country, and at the lack of a systematic and comprehensive strategy to address the situation and protect these children. 32. CRC was deeply concerned that the minimum age of criminal responsibility remains very low (7 years) and that juvenile offenders have reportedly been sentenced to death. It recommended that Pakistan ensure that all child victims and/or witnesses of crimes have effective access to justice. 36. The Special Representative of the Secretary-General for Children and Armed Conflict called on the Government to take effective measures to protect children from grave violations of human rights through the thorough investigation of human rights violations and the prompt prosecution of perpetrators. 37. CRC recommended amending the Zina and Hadood Ordinances and the Child Marriages Restraint Act in order to align the marriage age of boys and girls by raising it for girls to 18 years. 38. UNCT observed that Pakistan has high levels of child marriage, although it is technically against the law. It recommended developing and implementing systems to prevent and discourage the practice of early marriage, and addressing attitudes and customs that promote or condone child marriage, as vital to improving legislation and ending child marriage and called for an urgent harmonization of those laws concerning the age of marriage. 41. CRC was concerned that freedom of religion is limited in practice and that citizens who are normally governed by secular law might sometimes be subject to sharia law. It noted with concern reports of children of religious minorities having been restricted in studying and practising their religion. 51. UNCT stated that the overall budget for the health sector has never exceeded more than 1.0 per cent of GDP with a decline to 0.7 per cent in 2009. There is also a shortage of qualified health personnel, particularly female health-care providers, along with capacity deficits. CRC recommended that Pakistan make every effort to meet its commitment of increasing annually the allocations to the health sector by 16 per cent in order to reach an adequate level of resources and, inter alia, take immediate action to reduce infant, child and maternal mortality rates. 52. UNCT stated that approximately 1 in 89 women in Pakistan will die of maternal causes. WHO noted that nearly 11,000 women and girls die annually while giving birth. CRC remained concerned at the lack of access to sexual and reproductive health counselling and services and at the link between the high rate of abortion and low contraceptive use. It noted with concern that clandestine abortion was a major cause of maternal mortality. 55. UNCT noted that no specific new budget allocations or budget increases have been recorded. As many as 7.3 million primary school aged children (57 per cent girls) are out of school and 50 million adults are illiterate. UNICEF noted that the primary school enrolment rate has been negatively affected by the floods. The High Commissioner for Human Rights expressed concern at the very low literacy rate of women and girls especially in areas such as the FATA and called for immediate actions and interventions. 56. CRC recommended that Pakistan increase funding for education to 5 per cent of GDP by 2010 and to 7 per cent by 2015 and set up clear implementation plans for achieving universal free primary education by 2015. 57. CRC regretted that there was still a large number of unregistered madrasas and that the introduction of secular subjects in the curricula has only been partially implemented. Furthermore, it was deeply concerned at reports of violence, ill-treatment, corporal punishment, sexual abuse and illegal detention within madrasas and of madrasas being used for military training. CRC and the Office of the Special Representative of the Secretary- General for Children and Armed Conflict called on the Government to strengthen its current efforts to address the recruitment of children into armed groups and their use in hostilities. The United Nations Educational, Scientific and Cultural Organization (UNESCO) reported an increase in recruitments of children from schools for training as suicide bombers. 58. UNCT noted that Pakistan lags behind in terms of achieving Education For All (EFA) goals set for 2015 despite its commitment and ratification to the EFA Framework of Action during the Dakar World Education Forum in April 2000. It further noted that political commitment and leadership needs to be further supported. 59. In 2011 UNESCO observed that from 2007 to March 2009, 116 schools were either damaged or completely destroyed by attacks. Most schools have been targeted, although girls‟ schools are often singled out. Public threats made by leading Taliban members of attacks on all girls‟ schools led to the closure of 900 government and private schools, denying access to education for 120,000 female students. A UNDP Human Development Report noted that more than 50 per cent of young people speaking Baluchi or Saraiki have received less than four years of education. 60. The 2009-2012 the United Nations Development Assistance Framework (UNDAF) noted national challenges such as wide gender gaps in education enrolment; inequalities in provision of education; uncertain political commitment; low budgetary allocations, low utilization of funds; lack of proper infrastructure and low quality of education. 61. The Special Representative of the Secretary-General for Children and Armed Conflict called on the Government to investigate allegations of the use of schools by armed groups influenced by and/or associated with the Taliban or Al-Qaida, including the Tehrik- i-Taliban Pakistan (TTP). 64. CRC was concerned about the very limited basic services supporting children with disabilities and at their limited access to education, health, social services, social events and cultural activities. It was also concerned at the lack of adequate infrastructure for them and at the low level of support received by these children and their families. 71. UNHCR recommended that the Government provide access to health care, education and other services for Afghan refugees, particularly in the education sector and consider inclusion of registered Afghans in national development plans, particularly in the health and education sectors. 72. UNHCR recommended that Pakistan conduct an assessment of the scope of statelessness in Pakistan with the support of UNHCR and consider examining national legal and administrative frameworks. UNCT and CRC were concerned that nearly three- quarters of all births are not registered by the Government‟s own reckoning. CRC was concerned at the practice of denying birth registration when parents cannot prove their citizenship. CRC recommended ensuring the full implementation of measures taken to remove structural obstacles to birth registration. 75. UNHCR called upon the Government to take specific measures to provide protection and assistance to vulnerable groups including to children affected by conflicts, in line with the 2009 recommendations of CRC. CRC was concerned that internally displaced children in Pakistan were facing serious socio-economic deprivation. 78. In 2011, UNICEF reported that the pre-flood challenges in achieving the Millennium Development Goals (MDGs) were aggravated by the floods. 80. The Special Representative of the Secretary-General for Children and Armed Conflict called on the Government to ensure that any anti-terror legislation contains safeguards for children. 2. JS1 recommended the urgent ratification of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. UNPO recommended ratifying without reservation the 1951 Convention relating to the Status of Refugees and the 1967 Protocol. 3. JS11, JS6 and ICJ recommended ratification of the OP-CRC-AC, while taking all feasible measures to protect children affected by armed conflict. ICJ recommended ratification of OP-CRC-IC. 7. JS11 regretted that the Criminal Laws (Child Protection) Amendment Bill 2009 was not passed, and recommended its immediate adoption and implementation. CRIN also recommended raising the minimum age of criminal responsibility. JS11 and JS10 recommended that by 2013 the Government should introduce an amendment in the Zina and Hadood Ordinances and in the Child Marriages Restraint Act. JS11 recommended ensuring that Juvenile Justice Ordinance overrides laws for the FATA and Provincially Administrated Tribal Areas which give extensive power to the Armed Forces. JS8 noted discriminating provisions against religious minorities and restricting freedom of religion and belief that are embedded in several laws and in Pakistan‘s Constitution. Despite positive legislative measures supporting minorities, effective implementation is lacking. CSW, STP, JS7, JS8 and JS14 were concerned over Pakistan‘s blasphemy laws and anti- Ahmadiyya provisions, while JS8 recommended the removal of the death penalty for blasphemy. JS7 and JS14 recommended that religious discrimination be removed from the Constitution, laws and policies while adding a section in the Penal Code that makes advocacy of religious hatred or incitement to discrimination or violence a punishable offence. 12. JS14 noted that a law was recently passed to establish the National Commission on the Status of Women with financial and administrative powers aimed at promoting social, economic, political and legal rights of women. JS11 also urged the National Commission on the Rights of Children be provided adequate financial support. 19. JS10 and JS11 noted that Pakistan has been unable to address issues of serious discrimination against women and girls and many structural and legal obstacles remain. Women face discrimination in all facets of life and brutal treatment. JS14 noted that the Federal Shariat Court encroaches upon the legislative authority of parliament and the powers and functioning of the mainstream judiciary. AI acknowledged that no executions have been carried out since late 2008 yet more than 8,000 prisoners remain on death row. According to HRCP 27 offences retain the death penalty. AI and HRI recommended immediately establishing a moratorium on all executions and having all death sentences commuted to terms of imprisonment. HRI and CRIN noted that children are liable to the death penalty for drug related offences and also under other laws such as for hadd offences or Zina and recommended a prohibition on sentences of death, corporal punishment and life imprisonment in all areas. 31. JS14, JS13, AI and PFP noted that domestic and sexual violence, including rape; marital rape, acid throwing, burning, and ―honor‖ killings are still widespread in Pakistan. Women and girls from remote and rural communities are subject to “honour” crimes and “swara” (handing over girls and women to settle disputes). JS10 and JS11 believed that 70% of perpetrators go unpunished, which AI recommended the Government address. PFP and JS11 recommended enforcing legislation preventing honour killings and ending the Jirga system (tribal assembly of elders) determining women’s and girls’ fates. Strong and independent preventive and protective mechanisms are needed to deal with harmful traditional practices. JS7 recommended specific related section of the Criminal Procedure Code be abolished. 32. CSW stated that abduction, forced marriage and forcible conversion of Christian and Hindu women and girls have increased. BPCA noted that the kidnapping and rape (sometimes as young as 10) are widespread. Victims are often forced to convert to Islam, and then married to an alleged perpetrator. BPCA referred to a sex-slave trade, facilitated by prejudice, and blamed police for lack of protection and considered the State to be complicit when courts endorse forced marriages and conversions by ordering the victims to be returned to their attacker/’husband’. Liberation noted the failure to investigate and prosecute the growing number of abductions, forced marriages and forced conversions, as well as the failure to investigate and prosecute the growing number of kidnapping for ransom of Hindus and provided suggestions to rectify this issue. 34. JS11 noted that children under the age of 18 years can be recruited into the armed forces, while they do not take part in combat. JS11 observed that children were forced by non-state actors to carryout suicide attacks, plant explosives and transport munitions. They are also recruited into illegal armed militant groups. 35. EN recommended amending existing trafficking legislation or introducing new legislation to criminalize domestic trafficking in order to protect children from being trafficked into domestic servitude. JS1 and JS2 recommended amending provisions on prostitution to ensure a clear definition of child prostitution and to criminalize all acts of obtaining, procuring or providing a child for prostitution. EN recommended the Government eradicate child labor in all its forms. JS6 reported 8-10 million children under 18 work including 3.8 million under 14. About 1.2 million children live on the streets in Pakistan‘s largest cities. JS6 recommended formulating and implementing effective legislation that complies with the ILO Conventions 138 and 182. JS9 and JS11 noted there has been an alarming increase in child labour after the earthquake in 2005 and floods in 2010 and 2011. 36. JS12 estimated that 30 percent of all marriages are child marriages. JS1 recommended, among others, the Child Marriage Restraint Act (1929) be amended and strengthened, and noted conflicting laws such as Shariah law provide for legal loopholes regarding child marriage. 37. GIECP, JS6 and JS11 noted that corporal punishment is widespread in all settings across the country, that it is also legal and the government is not adopting the Prohibition of Corporal Punishment Bill. JS14 was particularly concerned about the provisions for corporal punishment provided by Section 89 of the Pakistan Penal Code and several pending child rights Bills. 45. CRIN noted Child offenders in Pakistan may lawfully be sentenced to corporal punishment, life imprisonment and the death penalty. For example, under the Control of Narcotic Substances Act and the Anti-Terrorism Act, as the law is complex and unclear, these sentences remain lawful. It also noted that different Ordinances, punishments with whipping are permitted, with no appropriate juvenile justice protection safeguards. 46. PFP noted that early marriages are common in the society; they are linked with religion and social custom, perceptions and attitudes of mothers-in-law. 50. JS8 observed and investigated a large number of incidents of violence against religious minority communities, against their businesses, homes and places of worship. JS8 was concerned at the systematic nature of kidnapping young Christian or Hindu girl put in isolated, subject to intimidation, sexual violence and rape and then coerced to testify in court that she willingly converted to Islam. 58. EN noted that Pakistan‘s Employment of Children Act does not ban domestic work and failed to outlaw child domestic servitude which remains in force until provincial governments enact similar laws prohibiting it. 66. JS7 noted discrimination in access to health and that awareness of women‘s reproductive rights is low. FATA has one health facility for every 50 square kilometres. PFP noted Pakistan has one of the highest rates of maternal deaths in Asia. Each year 30,000 women die due to pregnancy related reasons. Nearly 90% of women deliver at home without skilled birth attendants. 67. HRCP and JS7 noted the Government did not make the required financial commitment to realise this right and was unlikely to meet the MDG on universal primary education by 2015. JS6, JS11, JS14, noted that although the Constitution provides free and compulsory education to all children aged 5-16, low investment has resulted in poor education and low literacy (just over 50%). 68. JS6 stated that schools are in poor condition and poorly equipped and noted that whilst the tuition fees in government schools may be low, the monetary cost of purchasing books and school uniforms prevent access to education among the poorer families. 69. JS14 noted the curricula for schools and colleges are loaded with so-called religious material laden with biases and recommended removing material instigating discrimination and hatred towards religious minorities. 70. JS9 recommended the Government take serious measures to ensure equal access to education, including for children from the Scheduled Caste community. 71. JS11 noted that in 2011, Pakistan ratified CRPD, but has not implemented a national policy for persons with disabilities, nor improved physical access of children with disabilities to public service buildings, schools or recreational facilities. Accepted and Rejected Recommendations No recommendations were accepted. No relevant recommendations were rejected. The following recommendations are pending or no clear decision was taken: P - 122.1. Ratify the International Convention for the Protection of All Persons from Enforced Disappearance (CPED), the Rome Statute of the International Criminal Court (ICC), the Optional Protocol to CEDAW, the Optional Protocol to the Convention on the Rights of Persons with Disabilities (OP- CRPD) and the Optional Protocol to CRC on the involvement of children in armed conflict (OP-CRC-AC) (Spain); P - 122.2. Ratify the Optional Protocols to CRC, on involvement of children in armed conflict (Iraq); P - 122.6. Ratify or accede to the Rome Statute of the ICC, the International Convention for the Protection of All Persons from Enforced Disappearance (CPED), the Optional Protocol to CRC on the involvement of children in armed conflict (OP-CRC-AC) (Uruguay); P - 122.10. Consider ratification of the third OP to CRC on a communication procedure (Slovakia)/Consider ratifying other international human rights instruments to which it is not a party yet (Nicaragua)/ Study the possibility of ratifying the International Convention for the Protection of AllPersons from Enforced Disappearance (Argentina)/ Reconsider ratifying the International Convention for the Protection of All Persons from Enforced Disappearance (Mexico); P - 122.15. Continue stepping up efforts in the area of combating trafficking in persons, including considering acceding to the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and invite the Special Rapporteur on trafficking in persons, especially women and children (Belarus); P - 122.22. Promote the repeal of all legal and administrative provisions remaining, which discriminate against women and girls (Mexico); P - 122.23. Sustain the positive momentum in upgrading its laws and institutions, in particular in the areas of the rights of women and children (Myanmar); P - 122.24. Expedite the adoption of the Charter of Child Rights Bill (Bhutan); P - 122.34. Share its expertise in developing a Special Child’s Rights Charter with other countries and continue its efforts in cooperation with international groups to advance this initiative (United Arab Emirates); P - 122.38. Amend discriminatory laws and vigilantly counter discrimination against marginalized groups, including women and girls, ethnic and religious minorities and provide a safe and just environment for all citizens in Pakistan (Denmark); P - 122.39. Enact efficient legislation to prohibitand prevent the employment of children as domestic workers (Slovakia); P - 122.40. Continue its ongoing efforts to advance the rights of women and make similar efforts in the protection and promotion of the rights of children, especially by adopting the relevant legal instruments (Republic of Korea); P - 122.41. Continue to enhance its efforts to protect women, children and other vulnerable groups against discrimination and violence (Singapore); P - 122.54. Strengthen measures aimed at providing protection and assistance to vulnerable segments of society, including those children affected by natural disasters to protect them from trafficking and exploitation at work (Libyan Arab Jamahiriya); P - 122.57. Ensure adequate resources in implementing MDGs with priority focus on vulnerable groups such as women and children (Viet Nam); P - 122.59. Continue its policies on improving the rights of the child (Jordan); P - 122.68. Continue adopting its social policies of access to services on education and health, in particular for women and girls (Venezuela (Bolivarian Republic of)); P - 122.71. Develop a comprehensive strategy to prevent sexual exploitation of children and their cruel treatment and increase criminal liability for these crimes (Belarus); P - 122.72. Continue to develop and enhance programmes to provide education and support to children who have been recovered from militants or extremists, and to help them reintegrate into society (Singapore); P - 122.83. Continue developing adequate measures to guarantee in law and practice the equality of women, particularly their right to education, and fight effectively discrimination against women and gender violence (Spain); P - 122.84. Intensify its efforts to effectively implement the laws on discrimination against women, and on the promotion and protection of children (Tunisia); P - 122.87. Take deterrent measures to combat discrimination against women, girls and religious minorities and work towards eliminating poverty among those groups (Iraq); P - 122.88. Continue to spearhead progress toward the promotion of gender equality and development for women, in particular in areas of education and employment (Cambodia); P - 122.91. Continue working for the welfare of children, women and persons with disabilities (Nepal); P - 122.95. Continue to work towards the empowerment of women and the promotion and protection of all their rights and intensify efforts and programmes to combat the phenomenon of trafficking of women and children (Qatar); P - 122.102. Take steps to implement laws and policies with a view to eliminating early and forced marriage (Canada); P - 122.103. Take effective measures to prevent forced or early marriage, in particular with a view to ending rape, sexual exploitation and forced conversions of scheduled caste girls (Austria); P - 122.104. Adopt all possible measures to prevent and explicitly prohibit in its legal order the recruitment of children and their participation in armed actions and terrorist activities (Uruguay); P - 122.105. Continue fighting against trafficking of children and violence against women (Djibouti); P - 122.106. Prohibit child labour of minors under the age of 14 (France); P - 122.107. Ensure the reporting and investigation of cases of violence against women, effective awareness campaign against violence and consolidate measures to address sexual abuses and exploitation of children (Egypt); P - 122.117. Take steps to bring to justice those who have threatened, or attacked human rights defenders, children, and others who are working to promote democracy and accountability in Pakistan (Canada); P - 122.134. Continue its efforts for a systematic and sustained training process of child as well as developing the Child Protection Management Information System (CPMIS) and advancement in child immunization (Iran(Islamic Republic of)); P - 122.140. Continue strengthening its efforts to improve the socio-economic conditions of its people especially on promoting the rights to education for all its young citizens (Brunei Darussalam); P - 122.141. Strengthen its efforts to combine social security and poverty alleviation measures with the free and compulsory education programme that will enable the provision of the free education for all children (Indonesia); P - 122.142. Formulate executive plans for attaining the MDG on primary and free education by 2015 (Libyan Arab Jamahiriya); P - 122.143. Increase its allocation of resources devoted to education (Netherlands); P - 122.144. Continue current efforts to increase the literacy rate and promote universal access to education (Cuba); P - 122.145. Continue its efforts to ensure the enrolment of all segments of society in education (Oman); P - 122.146. Consider providing universal free primary education to all children, regardless of their sex, nationality, race or ethnic origin (Thailand); P - 122.147. Continue to make efforts to expand access to education, especially for girls (Japan); P - 122.148. Ensure and allocate sufficient resources for girls’ education in all provinces (Namibia); P - 122.149. Review public school curricula in order to eliminate prejudice against religious and other minorities (Germany); P - 122.150. Improve the education system and school textbooks and promote the full safeguarding of religious freedom and other human rights by programmes which, beginning in primary school and within the context of religious instruction, will educate everyone to respect their brothers in humanity (Holy See); P - 122.151. Take all appropriate measures to combat and prevent discrimination against children belonging to religious or other minority groups, including by removing educational material which could serve to perpetuate discrimination (Ireland); P - 122.152. Include human rights education in school curricular (Palestine); P- 122.153. Continue with its measures to protect children and improve their access to education (Senegal);
Tuesday 30th October 2012 - 9.00 a.m. - 12.30 p.m
Compilation of UN information
Summary of Stakeholder information
Accepted and Rejected Recommendations
Summary of stakeholders' information