COMMITTEE ON THE RIGHTS OF THE CHILD EXAMINES SECOND PERIODIC REPORT OF PAKISTAN

22 September 2003


The Committee on the Rights of the Child today reviewed the second periodic report of Pakistan on how that country implements the provisions of the Convention on the Rights of the Child.
Introducing the report, Nilofar Bakhtiar, Adviser to the Prime Minister and Minister of State in Charge of Women Development, Social Welfare and Special Education of Pakistan, said her country today had crossed a number of milestones and attained certain targets which were unachievable a few years back. She added that the Government had taken a number of initiatives in development and protection areas for children, including education, health, and juvenile justice. Legislation for compulsory primary education had been promulgated in three provinces, while the process was underway in the fourth province.
Ms. Bakhtiar said her Government acknowledged that the issue of child labour remained a serious concern in the country, as in many other developing countries. Despite being prohibited by law, it persisted because of extreme poverty and poor social consciousness, she said. However, the Government remained committed to the goal of the complete elimination of the menace of child labour.
Also presenting the report was Shaukat Umer, Ambassador and Permanent Representative of Pakistan to the United Nations Office at Geneva, who said that his country was committed to the obligations under the Convention on the Rights of the Child and would continue its efforts and commitments towards the improvement of the situation of its children.
Committee Experts, including Luigi Citarella, who served as country rapporteur to the report of Pakistan, raised a number of questions on issues pertaining to the status and education of the girl child; the progress made to combat the selection of foetuses, early marriages, honour killings and dowry issues; participation of children in decisions concerning them; the channels through which children could lodge complaints; the knowledge of children on the existence of provincial ombudsmen; corporal punishment and ill-treatment of children; Pakistan’s non-ratification of the Convention against Torture; the status of Islamic “madrassas” schools; and child adoption under the Islamic “Kafala” system, among other things.
The Pakistani delegation was also composed of Shaukat N. Tahir, Joint Secretary, Ministry of Women Development; Kazi Afaq Hossain, Secretary, Social Welfare Department, Government of Punjab; Muhammad Hassan Mangi, Director, National Commission for Children Welfare and Development, Ministry of Women Development; Zafarullah Khan, Legal Expert; and Mansoor Ahmad Khan, First Secretary, Permanent Mission of Pakistan, Geneva.
The Committee will issue its formal, written concluding observations and recommendations on the report of Pakistan towards the end of its three-week session, which will conclude on 3 October.
Pakistan is among the 192 States parties to the Convention and as such it is obligated to submit periodic reports to the Committee on how it is implementing the provisions of the treaty. A seven-member delegation was on hand throughout the day to present the report and to provide answers to the Committee’s questions.
When the Committee reconvenes at 10 a.m. on Tuesday, 23 September, it is scheduled to review the second periodic report of Madagascar (CRC/C/70/Add.18).
Second Periodic Report of Pakistan
The report (CRC/C/65/Add.21) provides details of the administrative, judicial and legislative measures taken by the State party with the view to complying with its obligations under the Convention on the Rights of the Child. It covers the measures taken to harmonize national law and policy with the provisions of the Convention; existing mechanisms at national and local levels for coordinating policies relating to children and for monitoring the implementation of the treaty; definition of the child; civil rights and freedoms; family environment and alternative care; basic health and welfare; and education, leisure and cultural activities. The present progress report is much more comprehensive and deals with initiatives of the Government in each area covered by the Convention. It also explains the work done by non-governmental organizations and highlights the participation of child rights activities in the entire spectrum of activities envisaged by the Convention.
The report notes that Pakistan ratified the Convention in 1990 with a general reservation that the Convention will be interpreted in the light of the provisions of Islamic law as required by its Constitution. This reservation has now been withdrawn following the recommendation of the Ministry of Religious Affairs and the Council of Islamic Ideology and the decision of the Cabinet. The Ministry of Foreign Affairs has also formally announced the withdrawal of the reservation.
According to the report, the National Commission for Child Welfare and Development, which was established in 1980 to follow up the recommendations of the International Year of the Child, has been assigned the task of coordinating the implementation of the Convention. A National Core Committee, comprising representatives of the relevant federal and provincial governments and NGOs has also been constituted to develop strategies for accelerating the process of implementation of the Convention and for monitoring the goals set in the National Plan of Action for Children; to assign implementation and monitoring to other units or sections; and to provide feedback to the National Commission.
The Government’s policy towards eliminating child labour has gained even greater momentum in recent years, the report notes. In order to prioritize this area, the Government launched a national survey on child labour with the assistance of the International Labour Office. According to the survey, the number of economically active children is 3.3 million. The results of the survey are assisting the Government to formulate policies to combat the problem. Under the National Project for Rehabilitation of Child Labour, the Government has taken various measures to provide children with basic education, health care and recreation.
Presentation of Report
SHAUKAT UMER, Ambassador and Permanent Representative of Pakistan to the United Nations Office at Geneva, introducing the members of the delegation, said that the level and the spectrum of the delegation justified the importance Pakistan placed on the provisions of the Convention and its commitment towards its international obligations. It also justified its commitment to the development and improvement of its children within its society. The delegation expected to learn from the Committee’s experience and to receive guidance to pursue its efforts and commitments towards the improvement of the situation of Pakistani children. Pakistan was not immune to child abuse as in any other society, but the objective was that it was making genuine efforts to reduce the abuses through the implementation of policies and national mechanisms.
NILOFAR BAKHTIAR, Adviser to the Prime Minister and Minister of State in Charge of Women Development, Social Welfare and Special Education of Pakistan, said that her country today had crossed a number of milestones and attained certain targets which were unachievable a few years back. Keeping in mind that Pakistan was a nation of 140 million with 48 per cent children, out of which 68 per cent were living in the rural areas, and that it had a population growth rate of 2.3 per cent, she wished to reiterate her country’s longstanding commitment to the promotion and protection of child rights. That commitment was evident, not only from Pakistan’s role as one of the six initiators of the World Summit for Children in 1990 and the early ratification of the Convention on the Rights of the Child, but also from its active participation in child-related international events, including the General Assembly’s Special Session on Children in 2002.
The Government had taken a number of initiatives in development and protection areas for children, including education, health, and juvenile justice, Ms. Bakhtiar continued. Legislation for compulsory primary education had been promulgated in three provinces, while the process was underway in the fourth province. All the four provinces had already declared education to be free up to tenth grade. The National Action Plan on “Education for All” was geared to achieve the targets of the universalization of primary education in 2015, pursuant to the Dakar goals and the Millennium Development Goals. The education of the girl child was receiving added impetus through increases in the number of girl schools and their enrolment.
Ms. Bakhtiar said the promulgation of Juvenile Justice System Ordinance 2000 for juvenile delinquents, in the light of Pakistan’s commitments under the Convention, had been a major achievement of the Government. It had abolished the death penalty, hard labour and handcuffing of juveniles and had ensured legal assistance, separate juvenile courts, protection of privacy and making most of the offences committed by the juveniles as bailable. The newly initiated $ 350 million Access to Justice Programme aiming at institutional reforms of the justice administering institutions and improvement of infrastructure would supplement the proper implementation of the Ordinance.
The Minster said her Government acknowledged that the issue of child labour remained a serious concern in the country, as in many other developing countries. Despite being prohibited by law, it persisted because of extreme poverty and poor social consciousness. In recent years, comprehensive programmes had been launched to retrieve and rehabilitate working children in collaboration with the International Labour Organization (ILO) and other international organizations. Tens of thousands of children and their families had directly benefited through those programmes. However, the Government remained committed to the goal of the complete elimination of the menace of child labour. Based on ILO Convention 182, the Employment of Children’s Act 1991 was being revised to bring it in line with the ILO Convention on the worst forms of child labour.
Concluding, Ms. Bakhtiar said her Government acknowledged that there remained areas of concerns and impediments which needed significant attention. The Government envisioned providing an enabling environment for the proper growth and development of children. For that purpose, through a participatory process, a comprehensive National Policy and Plan of Action was under preparation. The Plan would serve as a comprehensive strategy to overcome the crucial issues impeding child survival, protection, development and participation of children.
Discussion
LUIGI CITARELLA, the Committee Expert who served as country rapporteur to the report of Pakistan, said that there was a delay in the submission of the report, and the supplementary information the Committee requested was not supplied in due time. However, the Committee had observed the efforts Pakistan was making to discharge its international obligations through the implementation of a number of national mechanisms and plans. The measures taken by the Government to withdraw its reservations entered at the time of ratification were good signs for the full implementation of the Convention. The global international negative environment, particularly the 11 September events and the war in Afghanistan, had affected Pakistan.
In some areas of Pakistan, the implementation of the provisions of the Convention had not been fully realized, Mr. Citarella said. There was a lack of resources and funds had not been made available to provincial authorities. The discrimination against the girl child was widespread in certain regions, including forced marriages and honour killings. The actions taken to tackle these problems were not satisfactory, and further measures had to be taken. The minimum age for criminal liability was still fixed at 7 years, which was very low.
Other Committee Experts, including Lucy Smith, who served as country co-rapporteur on the report of Pakistan, said that it was difficult to understand how responsibilities were shared among the different entities of the federal system in the implementation of child rights. In the areas of discrimination against the girl child, a lot had been done, however, more assurance should be pronounced by the delegation concerning the commitment towards the elimination of discrimination against the girl child. What efforts had been made to change the society’s attitude in accepting and integrating disabled children with discrimination?
Several Experts also raised questions under the main subjects of general measures of implementation; definition of the child; and general principles. They asked, among other things about the status and education of the girl child; the progress made to combat the selection of foetuses, early marriages, honour killings and dowry issues; the dissemination of the provisions of the Convention, including the Committee’s concluding observations and recommendations on Pakistan’s initial submission; participation of children in decisions concerning them; the channels though which children could lodge complaints; why Pakistan did not ratify the Convention against Torture; the knowledge of children on the existence of the provincial ombudsmen; and the State party’s non-ratification of ILO Convention 138.
Responding to the number of questions raised by Committee Experts, the members of the Pakistani delegation said that a bottom-to-top trend had been adopted in the implementation of the provisions of the Convention. The role of non-governmental organizations was significant in the promotion and protection of child rights. A number of regional action plans had been adopted with the aim of furthering implementation of the treaty. The National Commission for Child Welfare and Development, whose name would be changed soon to the “Pakistan Child Commission”, was responsible for the coordination of the activities with regard to child rights. The Government enjoyed the support of civil society in its actions to promote and protect child rights. Children themselves were also involved in actions concerning them.
The dissemination of the provisions of the Convention was appropriately done, through electronic and other means, the delegation said. Child-awareness programmes had also been carried out on many occasions. In addition, NGOs had been engaged at the grass-root level in the promotion of the Convention with positive results.
The federal structure of Pakistan, with its provincial components, had been promoting the rights of children through federal and provincial legislation, the delegation said. Some areas of child rights were reserved for federal law while others were left to provincial legislative powers. The juvenile laws enacted by the federal legislative body might not be applicable to all the federal components, including some provinces and tribal territories.
In implementation of ILO Convention 182 on the worst forms of child labour, the Government of Pakistan had stated reviewing its labour law, and children under 15 years of age would be excluded from any form of labour. The review focused on child labour between children from 14 to 18 years.
On the issue of child marriages, the delegation said that under the marriage act, early marriage was prohibited, but customary law had been persisting among the population. With regard to honour killings, courts were considering them as murder cases and there was no compromise on the issue. The courts were taking the issue of honour killings seriously, and there was a growing awareness of the issue of honour killings.
Reacting to the delegation’s response, an Expert said that there were two cases of honour killings per day in the country, to which the delegation said that the commission of the horror of honour killings could not be denied but there was a growing awareness on the issue.
Committee Experts continued raising questions under the main issues of civil rights and freedoms; family environment and alternative care; and basic health and welfare. They asked, among other things, about corporal punishment and the ill-treatment of children; the acquisition of nationality through a foreign mother; affordability of birth registration fees; freedom of expression in schools and in the family; support measures for poor families with children; the adoption of children under “Kafala” – the Islamic adoption system; the campaign of vaccination against polio; mobility facilities for disabled children; the absence of an authority to deal with child abuses; and the rate of infant mortality. More questions were raised on the situation of Pakistani children abroad; the work conditions of child domestic workers; institutional violence against children; results of court proceedings concerning ill-treatment of children; and the destiny of the repatriated Afghan children.
Responding, the Pakistani delegation said that as part of incentives for the education of the girl child, a special project was implemented in which 500,000 girl students in 5,000 girl schools in 29 of the poorest districts received cooked meals along with micro-nutrients and de-worming tablets at school. Another major incentive given to the rural girls was free uniforms and books with a monthly stipend.
The delegation said that in coming years, the policy focus would be to consolidate the existing measures and to promote the “education for all programme”, control the drop out rates and improve the quality of education. The rate of dropouts at present represented 50 per cent due to reasons mainly attributed to poverty. In order to improve the teaching ability of teachers, the Government had been providing regular training and on-the-job training through correspondence.
With regard to the status of the Islamic madrassas (schools), the Government was streamlining the system with the normal national educational system by injecting teaching materials, such as computers, similar to those used in normal State schools. Madrassa students were enabled to take examinations to obtain national certificates. The Government had realized that madrassas should be registered and obliged to change their teaching syllabus, and the Government now provided them with financial assistance. In the past the Government did not intervene in the affairs of the madrassas but now with reports of irregularities, including sexual abuse, the Government was obliged to impose certain regulations to bring them into the mainstream of the national schools.
Ill-treatment of children in schools had been discouraged due to complaints by parents, the delegation said. Even in madrassas, where the Government did not have full control, the use of corporal punishment and ill treatment had been substantially reduced. The measures to increase the number of female teachers were also part of Government efforts so that they used “motherly behaviour” in treating school children.
Concerning disabled children, the Government had been allocating adequate resources to facilitate their integration through education and vocational training, the delegation said. Authorities were encouraging the active participation of disabled children in sports activities, and they were also participating in international sports competitions. In some major cities, libraries had been opened to provide services to disabled students and pupils.
The immunization campaign, which started in 1979, had continued against six preventive diseases, the delegation said, adding that the campaign had covered 80 per cent of its objectives. Concerning polio, for example, the campaign was still going on, covering 80 to 90 per cent of its target. In 2000, the Government had spent 500 million rupees for immunization purposes. Vitamin A was also supplied for children aged 6 months to five years as part of the immunization programme.
Reacting to the comments by the delegation, an Expert said that using poverty to justify the failure in the fulfilment of the immunization campaign was not acceptable; it was rather a lack of channelling adequate resources to vaccination programmes. It was reported that 160,000 children died each year because of preventable diseases. The delegation said the country was geographically vast and the population boom was unchecked.
Pakistan did not ratify the Convention against Torture due to a lengthy process in considering its ratification, the delegation said. When all the required conditions were in place, Pakistan would ratify the Convention. The delay could also be attributed to the recent tendency that required the ratification of international treaties without any reservations.
Any police officer inflicting any form of ill treatment would be prosecuted and the victim compensated, the delegation said. Police training programmes had also been improved to include training against inhuman and cruel treatment of individuals.
The issue of birth registration had been reviewed since the Committee considered Pakistan’s initial report, the delegation said. There were now coordinated efforts among the ministries and other organizations to register births. The amount paid for registration was very low; however, there was a penalty inflicted against late registration.
There were no plans for the universalization of co-education in Pakistan, the delegation said. Such a position was attributed to the traditional values in the society. The present tendency of maintaining a separate school system for boys and girls reflected the desire of the parents in keeping with their cultural beliefs.
An Expert said that Pakistan was not a State party to the 1951 Geneva Convention on the Status of Refugees and many of the work was left to non-governmental organizations without the Government being involved. With the presence of a large number of refugees in Pakistan, the Government should be a party to the Convention. Other Experts also raised further questions on the juvenile justice system.
Responding, the delegation said that according to the Juvenile Justice System Ordinance, the cases of juveniles were judged by separate courts, and they enjoyed the right to legal assistance, and to compulsory medical assistance. The Ordinance had also abolished the death penalty.
There was a separate ministry that dealt with Afghan refugees, particularly children, the delegation said. Pakistan had hosted millions of refugees over the past 24 years and even today it had more than 1.5 million Afghan refugees, including a large number of children. At present, Pakistan was fulfilling its obligations as a country of first asylum, almost on its own, as donor support was declining.
Preliminary Concluding Remarks
LUIGI CITADELLA, the Committee Expert who served as country rapporteur to the report of Pakistan, thanked the members of the delegation for their efforts in providing information which he said would be taken into account during the drafting of the Committee’s concluding observations. The conclusions would also take into account the whole content of the report and the efforts made by the State party in implementing the rights of the child under the Convention. Pakistan’s commitment to implement the Convention and the good will it expressed were most welcome.
Mr. Citadella said there were a number of positive aspects in the report including the enacting of Juvenile Justice System Ordinance 2000 and the various plans of action and national policies in different fields to achieve full enjoyment of the rights of the child, among other things. The situation of poverty should be given special attention because of its negative impact on children’s rights. Additional financial resources should also be funnelled to the activities aimed at the promotion and protection of child rights. He hoped that when Pakistan would appear for the third time, the Committee’s concerns on education, health and the administration of juvenile justice would be resolved.
NILOFAR BAKHTIAR (Pakistan) said her delegation was enriched by its experience in the Committee and reiterated her country’s commitment to fulfilling its obligations under the Convention.