PAKISTAN: Persistent violations of children's rights

Summary: The violations highlighted are those issues raised with the State by more than one international human rights mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

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Trafficking of children

UN Committee on the Rights of the Child (Concluding Observations, October 2009)

The Committee welcomes the significant efforts made during the reporting period to combat trafficking in persons, such as the promulgation of the 2002 "Prevention and Control of Human Trafficking Ordinance", the establishment of the special Anti Trafficking Units and of the Inter-Agency Task Force on Human Trafficking. The Committee notes however with concern that the State party remains a significant source, destination, and transit country for children trafficked for the purposes of commercial sexual exploitation, forced and bonded labour. It also expresses concern at the growing number of children trafficked internally, sometimes sold by their own parents or forced into marriage, sexual exploitation or domestic servitude.

The Committee urges the State party to:

  • Take all measures to ensure the protection of children from international and internal trafficking and sale;
  • Strengthen efforts to address the root causes of sale and trafficking, including gender-based discrimination, poverty, early marriages, and the lack of access to education and vocational training;
  • Provide comprehensive social and psychological assistance to child victims of sale and trafficking for their recovery and social reintegration;
  • Establish a system for collecting and disaggregating data on sale and trafficking of children;
  • Carry out awareness-raising activities in order to make both parents and children aware of the dangers of sale and trafficking; and
  • Strengthen national and regional strategies and programmes on the prevention and suppression of sale and trafficking, and ensure that these strategies take into account the commitments made at the three World Congress against Sexual Exploitation of Children in 1996, 2001, and 2008. (paragraphs 95 and 96)

UN Committee on the Elimination of Discrimination against Women
Last reported 22 May 2007
Concluding Observations published: 11 June 2007

The Committee remains concerned that Pakistan is a country of origin, transit and destination for trafficked women and girls. The Committee is further concerned that the Prevention and Control of Human Trafficking Ordinance of 2002 does not adequately address the needs of women and girls who are victims of trafficking, nor does it shield them from prosecution for illegal migration.

The Committee calls upon the State to amend the Prevention and Control of Human Trafficking Ordinance of 2002 in order to ensure that the human rights of women and girls who are victims of trafficking are protected. The Committee encourages the State to ratify the United Nations Convention against Transnational Organised Crime and its Supplementary Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. It urges the State to collect and analyse data on trafficking and increase its efforts to prosecute and punish traffickers. It also recommends that the State take measures for the rehabilitation and social integration of women and girls who are victims of trafficking. (paragraphs 30 and 31)

UN Special Rapporteur on Violence against women, its causes and consequences
Ms. Radhika Coomaraswamy
Country visit: 9-11 September 1999
Report published: 13 March 2000

The case of N (aged 12) is an example of the current vulnerability of girl children and the need for a safe house for survivors of violence. When N's mother married a mujahadeen commander, after her natural father's death, N went to stay with her grandmother. She was approached by a beggar woman who took her to Pakistan. N worked for her for two months in prostitution, after which she was sold to a Punjabi man. She managed to escape, but is still in a vulnerable position without a family to look after her. The local Afghan community who are sympathetic to her situation are too afraid to take her into their homes for fear that her involvement in prostitution will bring stigma and shame on their family. Women's organisations stressed to the Special Rapporteur the need for a safe house for such cases. Human rights workers are under threat themselves and feel that the United Nations should take responsibility for setting up a shelter. (paragraph 45)

International Labour Organisation
CEACR: Individual Observations concerning the Worst Forms of Child Labour Convention, 1999 (No. 182)
Published: 2012

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children.

The Committee previously noted the allegations of the International Trade Union Confederation (ITUC) indicating that human trafficking is a serious problem in Pakistan, including the trafficking of children. The ITUC also stated that women and children reportedly arrive from various countries in the region, many to be bought and sold in shops and brothels and that, in some rural areas, children are sold into debt bondage. The Committee observed that section 370 of the Penal Code prohibits the sale and trafficking of persons for the purpose of slavery and that, pursuant to sections 2(f) and 3 of the Prevention and Control of Human Trafficking Ordinance of 2002 (PCHTO), human trafficking for the purpose of sexual exploitation, slavery or forced labour is prohibited. However, the Committee also observed that a legal review of the PCHTO (undertaken within the framework of combating child trafficking for labour and sexual exploitation (TICSA project)) concluded that the definition of “human trafficking” in the PCHTO focuses on interstate trafficking and ignores trafficking within Pakistan, which is prevalent in the country. In this regard, a tripartite regional workshop made recommendations to amend the legislation.

The Committee noted an absence of information in the Government’s report on any measures taken pursuant to the legal review. It noted the information in a report of 14 June 2010 on the trafficking of persons in Pakistan available on the website of the Office of the United Nations High Commissioner for Refugees (Trafficking Report) that the Government secured convictions of 385 persons under the PCHTO in 2009, a substantial increase from 2008. The Committee noted, however, the statement in the Trafficking Report that the lack of comprehensive internal anti-trafficking laws has hindered law enforcement efforts. Therefore, the Committee once again urges the Government to take immediate measures to ensure that trafficking within the country of persons under 18 is effectively prohibited in national legislation. The Committee also requests the Government to redouble its efforts to combat and eliminate both internal and cross-border trafficking of persons under 18. It requests the Government to provide information on the measures taken in this regard and the results achieved, particularly the number of persons convicted and sentenced for cases involving victims under the age of 18.

2. Debt bondage

The Committee noted the information in the Trafficking Report that, while provincial police in Sindh province freed over 2,000 bonded labourers in 2009 from feudal landlords, few charges were filed against the employers. The Committee also noted the information in the Trafficking Report that the largest human trafficking problem in Pakistan is bonded labour, concentrated in the Sindh and Punjab provinces, and affects over a million men, women and children. The trafficking report further indicated that Pakistani officials have yet to record a single conviction under the BLSA.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Child victims of trafficking.

The ILO Committee therefore urges the Government to strengthen its efforts to remove, rehabilitate and provide for the social integration of child victims of trafficking. In this regard, it urges the Government to take the necessary measures to strengthen the procedures for identifying child victims of trafficking and to ensure that these children are referred to the appropriate services. It requests the Government to provide information on the concrete measures taken in this regard and the results achieved.

Article 8. International cooperation and assistance. Regional cooperation. Trafficking.

The ILO Committee noted the information in the Trafficking Report that transnational trafficking in the region persists and that persons, including children, are trafficked between the Islamic Republic of Iran and Pakistan, and to Pakistan from Afghanistan and Azerbaijan for the purpose of forced labour and prostitution. The Committee therefore encourages the Government to strengthen its regional cooperation efforts and to continue its collaboration with the IOM to combat the trafficking of persons under 18 years of age. It also once again asks the Government to provide information on the progress achieved in the launching of a regional plan of action and regional task force against trafficking.

Universal Periodic Review (May 2008)

11. To more effectively address the issues of child abuse, child trafficking, sexual exploitation and involuntary servitude by strict enforcement of national legislation adopted in conformity with relevant international instruments, and through adoption and implementation of a comprehensive action plan to combat these issues, including awareness-raising and education of parents, law enforcement staff and members of the judiciary (Belgium); (accepted)

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Domestic violence and "honour" related crimes

UN Committee on the Rights of the Child (Concluding Observations, October 2009)

The Committee welcomes the 2004 amendment of the penal code that facilitates the prosecution of perpetrators of honour killings and prohibits family compromises. It is however very concerned at the still widespread and increasing problem of honour killings that affect children both directly and indirectly, through their mothers, and which are routinely imposed by jirgas (parallel judicial systems) in the tribal areas.

The Committee urges the State party to make every effort to reinforce protection of the right to life, survival and development of all children within the State party through policies, programmes and services that target and guarantee implementation of this right.

The Committee strongly urges the State party to:

  • Make every effort to reinforce protection of the right to life, survival and development of all children, inter alia, by taking effective measures to prevent honour killings, investigating thoroughly all alleged cases of killing, bringing perpetrators to justice, and by sanctioning all those who promote honour killings ;
  • Undertake public awareness-raising campaigns, involving also religious and community leaders, to combat effectively discriminatory societal attitudes and harmful traditions with respect to girls by demonstrating that discriminatory attitudes and practices are absolutely unacceptable;
  • Provide special training and resources to law enforcement personnel with a view to protecting girls who are in danger of honour killing and to prosecuting such cases in a more effective way; and
  • Increase the number of accessible shelters and counselling services for women and girls who are victims of or at the risk of honour crimes. (paragraphs 35-37)

UN Committee on the Elimination of Discrimination against Women

Last reported: 22 May 2007

Concluding Observations published: 11 June 2007

The Committee notes with concern that violence against women and girls persists, including domestic violence, rape and crimes committed in the name of honour. The Committee is especially concerned about the Qisas and Diyat law, which allows for the victim of violence or his/her heir to determine whether to exact retribution (Qisas) or payment of compensation (Diyat) or to pardon the accused, thus providing impunity for perpetrators of violence against women, especially perpetrators of crimes committed in the name of honour. The Committee notes with concern the lack of data on all forms of violence against women in the report. (paragraph 22)

The Committee urges the State to accord priority attention to the adoption of a comprehensive approach to address all forms of violence against women and girls, taking into account the Committee's general recommendation 19 on violence against women. The Committee calls on the State to ensure that the Qisas and Diyat law has no application in cases of violence against women, especially crimes committed in the name of honour, and to adopt the Bill on Domestic Violence, within a clear time frame, in order to ensure that women and girls who are victims of violence have access to protection and effective redress and that perpetrators of such acts are effectively prosecuted and punished. The Committee also recommends gender-sensitive training on violence against women for public officials, in particular law enforcement personnel, the judiciary and health service providers, to ensure they are sensitised to all forms of violence against women and can adequately respond to it. The Committee also calls on the State to include, in its next report, data on all forms of violence against women disaggregated by rural and urban areas. (paragraph 23)

UN Special Rapporteur on violence against women, its causes and consequences

Ms. Radhika Coomaraswamy

Country visit: 9-11 September 1999

Report published: 13 March 2000

The Special Rapporteur is concerned about the rise in violence against women among the refugee population, including child abuse, prostitution and trafficking. A local newspaper in Peshawar reported that two Afghan girls were being sold by their parents to Arab men when they were arrested at the airport. Trafficking in women and girls was thought to be increasing as was the prostitution of Afghan refugee women and children due to the lack of economic opportunities. (paragraph 44)

Domestic violence, incest and honour killings were reportedly commonplace in the refugee camps. As the situation has become more tense with increased unemployment, the number of fatalities in domestic disputes has increased. (paragraph 46)

Violence against women and girls is of growing concern in the refugee village of Saranan, established in 1989, near Quetta, Baluchistan, which accommodated 3,100 families. The Special Rapporteur received information about the case of a 14-year-old girl who was raped and went to the bazaar for an abortion. Sexual abuse is said to be a particular problem in Surkhab, G. Minera and Pir Alizi refugee villages. (paragraph 54)

Universal Periodic Review (May 2008)

106 - 7. To do everything possible to prevent early and forced marriage and to recognise in its legislation rape within marriage (Switzerland), and take measures to provide redress for crimes of honour killings, acid attacks and forced marriages (Sweden);

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Acid attacks on girls

UN Committee on the Rights of the Child (Concluding Observations, October 2009)

[T]he Committee remains concerned at the persistence of inhumane customs and rituals threatening the life and causing extreme insecurity, health hazards and cruelty to girl children, such as murders, burnings, acid attacks, mutilations, stripping, and sexual harassment.

The Committee recommends that the State party, as a matter of urgency:

  • Enforce the Criminal Law Amendment Act (2004) and the Protection of Women (Criminal Laws Amendment) Act (2006) through the country, conduct systematic investigations of practices harmful to the health, survival and development of children, bring perpetrators to justice, and provide adequate services for physical and psychological recovery and social reintegration to victims;
  • Take legislative and awareness-raising measures to prohibit and eradicate all types of practices harmful to physical and psychological well-being of children; and
  • Reinforce its sensitisation programmes, with the involvement of religious leaders, practitioners and the general public, to change negative traditional attitudes and discourage harmful practices, in particular in rural and tribal areas. (paragraphs 68 and 69)

Universal Periodic Review (May 2008)

106 - 7. To do everything possible to prevent early and forced marriage and to recognise in its legislation rape within marriage (Switzerland), and take measures to provide redress for crimes of honour killings, acid attacks and forced marriages (Sweden) (accepted)

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Discrimination against girls

UN Committee on the Rights of the Child (Concluding Observations, October 2009)

The Committee remains extremely concerned at the evidence of serious discrimination against women and girls in the State party, as attested by the acute gender differentials in infant mortality rates, school enrolment rates, and the continuous existence of early marriages and exchange of girls for debt settlement, domestic violence affecting women and girls, and other such situations including bonded labour and economic exploitation of girls. The Committee regrets that despite similar concerns expressed by the Committee in its previous concluding observations ((CRC/C/15/Add.217)) and by the Committee on the Elimination of Discrimination against Women (CEDAW/C/PAK/CO/3) in 2007, there seems to be little or no improvement in the country.

The Committee strongly recommends that concrete measures are taken to address and reduce the serious gender disparities and discrimination against women and girls prevailing throughout the State party. In particular, the Committee recommends that the State party:

  • Take effective measures, including enacting or rescinding legislation where necessary, to prevent and eliminate discrimination, in accordance with article 2 of the Convention, in all fields of civil, economic, social and cultural life;
  • Revise the cash transfer programmes, notably the Benazir Income Support Programme, to ensure that it clearly spells out conditionalities for cash transfers regarding school enrolment of girls, women attending pre-natal and post-natal clinics and others;
  • Adopt affirmative actions to overcome deeply-rooted traditions which prioritise boys' education and support, and to encourage families to invest in girls' education, including through scholarships, transportation, and cash conditional transfers; and
  • Take all appropriate measures, such as comprehensive public education programmes, to prevent and combat discrimination against girls.
  • The Committee is concerned at the persistence of discriminatory societal attitudes and discrimination against children belonging to a religious or other minority group, children with disabilities, children living in poverty and children living in rural and remote areas.
  • The Committee recommends that the State party take all appropriate measures, such as comprehensive public education programmes, to prevent and combat discrimination and negative societal attitudes and mobilise political, religious and community leaders to support efforts to eradicate traditional practices and attitudes which discriminate against children belonging to religious or other minority groups, children with disabilities, and children living in poverty, rural and remote areas. (paragraphs 28-31)

UN Committee on the Elimination of Discrimination against Women

Last reported: 22 May 2007

Concluding Observations published: 11 June 2007

The Committee expresses deep concern about pervasive patriarchal attitudes and deep-rooted traditional and cultural stereotypes regarding the roles and responsibilities of women and men in the family, in the workplace and in society, which constitute serious obstacles to women's enjoyment of their human rights and impede the full implementation of the Convention. The Committee is also concerned that prevailing trends of fundamentalism, intimidation and violence incited by non-State actors, including through illegal media, are seriously undermining women's enjoyment of their human rights in the name of religion. (paragraph 28)

The Committee urges the State to increase its efforts to design and implement comprehensive awareness-raising programmes to foster a better understanding of and support for equality between women and men at all levels of society. Such efforts should aim at modifying stereotypical attitudes and traditional norms about the responsibilities and roles of women and men in the family, the workplace and in society, as required under articles 2 (f) and 5 (a) of the Convention, and to strengthen societal support for equality between women and men. The Committee also calls on the State to take prompt action to counteract the influence of non-State actors, which, through the misinterpretation of Islam and the use of intimidation and violence, are undermining the enjoyment by women and girls of their human rights. (paragraph 29)

The Committee expresses concern that under the Child Marriage Restraint Act of 1929 the minimum age for marriage for boys is 18 years and for girls 16 years. The Committee is further concerned about the persistence of forced and early marriage. (paragraph 44)

The Committee urges the State to amend the Dissolution of Muslim Marriage Act of 1939 to eliminate all discriminatory provisions, including with regard to raising the minimum legal age of marriage for girls to 18 years in order to bring it into line with article 1 of the Convention on the Rights of the Child, article 16, paragraph 2, of the Convention on the Elimination of All Forms of Discrimination against Women and its general recommendation 21 on equality in marriage and family relations. It also requests the implementation of measures to eliminate forced marriages. (paragraph 45)
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Inadequate education provision, including lack of free and compulsory education (specifically lack of access to education for girls)

UN Committee on the Rights of the Child (Concluding Observations, October 2009)

The Committee strongly recommends that concrete measures are taken to address and reduce the serious gender disparities and discrimination against women and girls prevailing throughout the State party. In particular, the Committee recommends that the State party:

  • Adopt affirmative actions to overcome deeply-rooted traditions which prioritise boys' education and support, and to encourage families to invest in girls' education, including through scholarships, transportation, and cash conditional transfers; and
  • Take all appropriate measures, such as comprehensive public education programmes, to prevent and combat discrimination against girls. (paragraphs 28 and 29)

The Committee welcomes the National Plan of Action on Education For All (2001-2015), the Education Sector Reforms Action Plan (2002-2006) aimed at providing adequate facilities to government schools and quality education, as well as the efforts made to increase enrolment and reduce gender disparities and drop out rates. It regrets, however, that the results of these efforts have been unsatisfactory and remains concerned that:

(a) The public expenditures on education in the State party are extremely low and remain below 5 percent of the GDP regarded as benchmark to achieve Education for All;
(b) Not all provinces have a compulsory education law and, where they exist, they are often not properly enforced;
(c) The net enrolment rate at primary education remains unacceptably low with 73 percent for boys and 57 percent for girls in 2006, gender, regional and urban-rural disparities remain very high and enrolment to primary education is limited to children up to 10 years old;
(d) Nearly 7 million of the estimated 19 million primary school-age children are out of primary school and about 21 percent drop out, many of them after the first grades ;
(e) The quality of education is poor mainly due to insufficient teacher trainings;
(f) The number of non-functional public schools is very high, either for having been destroyed by non-state actors or lacking basic facilities, including drinking water, toilets, electricity and boundary walls; and
(g) The provision of early childhood development is inadequate and focuses narrowly on education for children aged over four years.

The Committee recommends that the State party:

(a) Increase funding for education to 5 percent of GDP by 2010 and to 7 percent by 2015 as announced during the dialogue;
(b) Set up clear implementation plans for achieving universal free primary education by 2015 by raising the age of compulsory education to the minimum age for admission to employment, prioritising policies, funding and actions in all districts, especially districts with lowest enrolment rates, giving special attention to enrolment of all girls and children affected by the armed conflict including internally displaced and refugee children;
(c) Reduce the number of children dropping out of school by, inter alia, ensuring that education is free and exempt of any hidden costs, providing additional financial support to students from economically disadvantaged families and highlighting the value of girls’ education;
(d) Expand non-formal education opportunities and vocational training programmes, including for those who cannot go to formal schools or who have missed out in educational opportunities;
(e) Streamline teacher training, recruitment and deployment, and improve the quality of the curriculum;
(f) Prioritize the construction and reconstruction of school infrastructure throughout the country, in particular in earthquake affected areas, rural and remote areas and regions affected by the armed conflict, through the provision of sufficient resources to local authorities;
(g) Develop and implement with adequate funding a national policy on early childhood development that provides holistic and multisectoral development and education programmes for children under the age of school enrolment and involve parents and communities, taking into account the Committee’s General Comment No. 7 on implementing child rights in early childhood; and
(h) Seek technical assistance from, amongst others, UNICEF and UNESCO. (Paragraphs 78 and 79)

UN Special Rapporteur on violence against women, its causes and consequences

Ms Radhika Coomaraswarmy

Country visit: 9-11 September 1999

Report published: 13 March 2000

The Special Rapporteur recommends that humanitarian aid to all parts of Afghanistan and to the refugees in Pakistan should be increased and noted that the majority are women and children. Such assistance should include: the provision of shelter for women victims of violence, increased food supply, better medical services and health care for all refugees and the provision of primary, secondary and tertiary schooling for all Afghan children. The aid community should take all possible measures to meet what is without doubt one of the world's greatest humanitarian disasters. (paragraph 89)

UN Committee on the Elimination of Discrimination against Women

Last reported: 22 May 2007

Concluding Observations published: 11 June 2007

The Committee is concerned about the high illiteracy rate of women, the low enrolment of girls in schools and their high dropout rate, especially in rural areas. The Committee is further concerned at the persistence of gender-based segregation in educational fields and its consequences for women's professional opportunities. The Committee is also concerned about the persistence of stereotypes in school curricula and textbooks. (paragraph 36)

The Committee calls upon the State to place high priority on the reduction of the illiteracy rate of women, in particular those who are from rural areas. The Committee urges the State to enhance its compliance with article 10 of the Convention and to raise awareness of the importance of education as a human right and a basis for the empowerment of women. It encourages the State to take steps to overcome traditional attitudes that constitute obstacles to girls' and women's education and recommends that the State implement measures to ensure equal access of girls and women to all levels of education and the retaining of girls in school. It further recommends that women be actively encouraged to diversify educational and professional choices. It requested the State to undertake a comprehensive review of educational curricula and textbooks to eliminate gender stereotypes and to introduce gender sensitisation training for teachers. (paragraph 37)

International Labour Organisation
CEACR: Individual Observation concerning the Minimum Age Convention, 1973 (No. 138)
Published: 2012

Article 2(3). Age of completion of compulsory education.

The ILO Committee noted progress towards establishing compulsory primary education laws, but observed that, due to the definitions of “primary education” and “child”, compulsory education could finish between the ages of 10–14. The Committee underlined the desirability of ensuring compulsory education up to the minimum age for employment, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146), and encouraged the Government to take measures in that regard.

The Committee expressed its deep concern at the significant number of children under the minimum age who are not attending school. Considering that education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to provide free and compulsory education to all children up to the minimum age for employment (of 14 years), and to ensure that, in practice, children are attending school. In this regard, it requests the Government to provide information on the measures taken to increase school enrolment rates and reduce school drop-out rates, and on the results achieved.

CEACR: Direct Request concerning the Worst Forms of Child Labour Convention, 1999 (No. 182)
Published: 2012

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education.

The Committee previously noted the International Trade Union Confederation’s indication that attendance rates in primary education are very low. Independent surveys undertaken in the Karachi area suggested that about 25 per cent of school-age children attend primary education. The Committee also noted the Government’s indication that the education system lacks infrastructure, facilities and qualified and trained teachers.

The Committee urges the Government to redouble its efforts to improve the functioning of the education system, particularly with regard to increasing school enrolment and completion rates and reducing the school drop-out rates. The Committee requests the Government to provide information on the concrete measures taken in this regard, and to provide statistical information on the results obtained.
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Disparities in access to education for children living in rural areas compared to children in urban areas

UN Committee on the Rights of the Child (Concluding Observations, October 2009)

The Committee welcomes the National Plan of Action on Education For All (2001-2015), the Education Sector Reforms Action Plan (2002-2006) aimed at providing adequate facilities to government schools and quality education, as well as the efforts made to increase enrolment and reduce gender disparities and drop out rates. It regrets, however, that the results of these efforts have been unsatisfactory and remains concerned that:

  • The net enrolment rate at primary education remains unacceptably low with 73 percent for boys and 57 percent for girls in 2006, gender, regional and urban-rural disparities remain very high

The Committee recommends that the State party:

  • Prioritise the construction and reconstruction of school infrastructure throughout the country, in particular in earthquake affected areas, rural and remote areas and regions affected by the armed conflict, through the provision of sufficient resources to local authorities (paragraphs 78 and 79)

UN Committee on the Elimination of Discrimination against Women

Last reported: 22 May 2007

Concluding Observations published: 11 June 2007

The Committee is especially concerned about the situation of women in rural areas, who often lack access to health care, education, clean water and sanitation services and to the means and opportunities for economic survival, including access to land. (paragraph 42)

The Committee urges the State party to pay special attention to the needs of rural women, ensuring that they are empowered in participating in decision making processes and have access to health care, education, clean water and sanitation services and the means and opportunities for economic survival, including access to land. (paragraph 43)

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Recruitment of children for terrorist activities

UN Committee on the Rights of the Child (Concluding Observations, October 2009)

The Committee takes note of the efforts of the State party against the madrassahs involved in militancy and sectarianism through the 2002 Madrassah Registration Ordinance but regrets that there is still a high number of unregistered madrassahs and that the introduction of secular subjects in the curricula has only been partially implemented. The Committee also regrets that the aims of education outlined in article 29 of the Convention, including the development and respect of human rights, tolerance and peace are not duly respected. Furthermore, the Committee is deeply concerned at reports of violence, ill- treatment, corporal punishments, sexual abuses, and illegal detention within madrassahs and of madrassahs being used for military trainings, as well as instances of recruitment of children to participate in the armed conflict and terrorist activities.

The Committee recommends that the State party:

  • Ensure the effective implementation of the Madrassah Registration Ordinance through the establishment of adequate monitoring mechanisms and the linkage of resources allocation with concrete implementation measures;
  • Take concrete action to eliminate teaching religious or sectarian intolerance, promote human rights, human rights education, including children rights, peace, tolerance and dialogue between different religions and beliefs (art. 29), establish a timeline for the introduction of secular subjects at all madrassahs streamlining the education given in madrassahs in order to ensure their compatibility with regular public education;
  • Ensure the protection of children from maltreatment within madrassahs through the establishment of an adequate monitoring mechanism;
  • Take effective measures to ensure that madrassahs are not misused for recruitment of children below the age of 18 years by armed groups or for the involvement of children in armed conflict and hostilities; and
  • Take into account the Committee's general comment No. 1 (2001) on the aims of education (paragraphs 80 and 81)

UN Special Rapporteur on violence against women, its causes and consequences

Ms Radhika Coomaraswarmy

Country visit: 9-11 September 1999

Report published: 1 March 2000

Non-governmental organisations are concerned about what they call the "Talibanisation" of Pakistan. The participation of young Pakistani boys in the Taliban effort and the setting up of ideologically similar groups in Pakistan has raised concern about the effect of these changes on the women of Pakistan. All the women's groups in Pakistan with which the Special Rapporteur met expressed this concern. (paragraph 71)

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Child labour

UN Committee on the Rights of the Child (Concluding Observations, October 2009)

The Committee welcomes the 2005 amendment of the Employment of Children Act (1991) enhancing the list of hazardous processes and occupations, and notes with interest that the Government, in the context of the time-bound programme (TBP) of the International Labour Organization/International Programme on the Elimination of Child Labour (ILO/IPEC), is carrying out several programmes of action to combat the worst forms of child labour in various industries. In this context, the Committee welcomes the provision of vocational training and health care to about 11,800 children so as to prevent them from being involved in the worst forms of child labour, as well as the creation of new rehabilitation centres for child labourers. Nonetheless, the Committee remains deeply concerned that:

(a) No comprehensive survey on the extent of child labour in Pakistan has been conducted since 1996, making it difficult to assess the severity of the issue and address the problem appropriately;
(b) The prevalence of child labour is extremely high and has increased in recent years due to growing poverty ;
(c) Despite legislation prohibiting slavery and all forms of forced labour, including bonded labour and the 2001 National Policy and Plan of Action, bonded and forced labour continue to occur in many industries and informal sector, affecting the poorest and most vulnerable children;
(d) The ineffectiveness of labour inspection machinery reduces the likelihood of investigations upon reports of child labour, making unlikely prosecution, conviction, or punishment for exploitation of children in bonded labour; and
(e) There is insufficient programme to identify and protect victims of forced labour, particularly bonded labour and child labour in the informal sector such as domestic work.

Noting with appreciation the ratification in 2006 of the ILO Convention on Minimum Age for Employment (No. 138) and the initiation of the streamlining and consolidating process of all Labour laws in that respect, the Committee remains concerned at the low and variable minimum ages for admission to employment and at the poor implementation of the Convention.

The Committee recommends that the State party:

(a) Conduct a survey to assess the prevalence of child labour, including bonded and forced labour, and inform the Committee about the findings in its next periodic report;
(b) Continue and strengthen its efforts to eradicate child labour, particularly in its worst forms, by addressing the root causes of economic exploitation through poverty eradication and education;
(c) Expedite the harmonization of the labour laws in order to establish minimum age for employment in accordance with international standards, notably ILO Convention No. 138, and vigorously pursue enforcement of minimum-age standards, including requiring employers to have, and to produce on demand, proof of age of all children working on their premises;
(d) Ensure the full implementation of the legislations prohibiting child labour, forced and bonded labour and implement ILO Conventions No. 138 on minimum ages and No. 182 on worst forms of child labour, vigorously investigate, prosecute, and punish the perpetrators, and ensure that penalties are commensurate with the gravity of the crime;
(e) Strengthen the labour inspectorate and provide the labour inspectors with all the necessary support, including child labour expertise, with a view to enabling them to monitor effectively at the state and local level the implementation of labour law standards and to receive, investigate and address complaints of alleged violations; and
(f) Continue the collaboration with NGOs, civil society and the International Programme for the Elimination of Child Labour of ILO. (Paragraphs 88 to 90)

International Labour Organisation
See the following reports (available here http://wiki.crin.org/mediawiki/index.php?title=Pakistan:_ILO_Committee_Reports):

CEACR: Individual Observation concerning the Minimum Age Convention, 1973 (No. 138). Published 2012.
CEACR: Individual Observations concerning the Worst Forms of Child Labour Convention, 1999 (No. 182)
CEACR: Direct Request concerning the Minimum Age Convention, 1973 (No. 138)
CEACR: Direct Request concerning the Worst Forms of Child Labour Convention, 1999 (No. 182)

 

Countries

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