Replies to Lists of Issues - CRC - Pakistan

Reply to List of Issues : Pakistan. 24/01/94.

. (Reply to List of Issues)

COMMITTEE ON THE RIGHTS OF THE CHILD

WRITTEN ANSWERS FROM THE GOVERNMENT OF PAKISTAN
TO THE LIST OF ISSUES (CRC/C.5/WP.1) FORWARDED BY THE COMMITTEE
IN CONNECTION WITH THE INITIAL REPORT OF PAKISTAN
(CRC/C/3/Add.13)

Received on 24 January 1994

Government of Pakistan
Ministry of Social Welfare and Special
Education
Islamabad.
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IMPLEMENTATION OF THE CONVENTION
ON THE RIGHTS OF THE CHILD

Government of Pakistan's response to the issues raised by the Committee on the Rights of the Child in connection with the consideration of the Initial Report of Pakistann

CONTENTS

Subject Page

1. General Measures of Implementation 1-5

2. Definition of the Child 5-7

3. General Principles 7-10

4. Respect for the views of the Child 10-11

5. Civil Rights and Freedom 11-14

6. Family Environment and Alternative Care 14-16

7. Basic Health and Welfare 17-19

8. Education, Leisure and Cultural Activities 20-23

9. Special Protection Measures 24-36

1 General measures of implementation

(Arts. 4, 42 and 44, para. 6 of the Convention)

OBS.
1. Upon ratification, Pakistan made a reservation according to which the provisions of the Convention shall be interpreted in the light of principles of Islamic laws and values. In para. 31 of the report, it is recognized that "practically no Provisions of the Convention comes into direct conflict with any of the major precepts of Islam, barring the matter of adoption for which an appropriate provision has already been made in the Convention". (See also para. 37 of the report). Having this in mind and in the spirit of the World Conference an Human Rights, which encouraged States to consider reviewing any reservation with a view to withdrawing it, (A/CONF. 157/23, II. para. 5) Please provide information on whether the Government is considering the need of maintaining such reservation or the intention of withdrawing it.

RES.

Government of Pakistan (GOP) is in the process of reviewing the reservations.

OBS.
2. Please provide information on the process followed to prepare the report, including with regard to the involvement of non-governmental organizations.

RES.

National Commission for Child Welfare and Development (NCCWD) collected information by soliciting comments from the relevant Federal and Provincial Ministries.

OBS.
3. What further concrete measures have been taken to ensure that the principles and provisions of the Convention are made widely known to adults and children alike (report paras. 47, 155, 167, 170, 178b), 181)? What specific training has been conducted including for professional groups working with and for children?

RES.

i) Convention on the Rights of the Child (CRC) was translated in Urdu language with the assistance of UNICEF and copies thereof were circulated country-wide including 40,000 local Government units.

ii) Provincial Text Boards of Departments of Education have been requested to include CRC provisions in the school curriculum. Federal and Provincial Governments are asking the media to give more coverage to right of the child which they are complying to an extent. (iii) National and Provincial training institutes like National Institute of Special Education (NISE), Social Welfare Training Institute (SWTIs), National Health Academy (NHA) and many others including Non-Government Organizations (NGOs) are conducting training courses for the professional groups.

OBS.
4. In the light of the different mechanisms intervening in the field of welfare policies for children including the National. Programme of Action, please indicate:

a) In what ways these mechanisms ensure the coordination of their activities, including between federal and provincial levels, to promote all the rights of the child recognized by the Convention and monitor their implementation (report paras. 33, 44, 49, 59e), 93, 99, 174, 178a), 188, 191):

b) In what way these mechanisms relate to the non-governmental organizations in the country, at the national, provincial and local level (report paras. 47, 160 and 174) and how Popular participation is ensured?

RES.

a) NCCWD acts as the coordinator for all activities at the Federal and Provincial level. At the Provincial level, coordination is done by Provincial CCWD// The present Government has decided in principle to give NCCWD statutory status through Federal Legislation.

b) Provincial Commissions for Child Welfare(PCCWD) in each providence come under the Social Welfare Department. The latter deals with NGOs relating to the rights of the child.

OBS.

5. What concrete measures have been taken, or are foreseen, to make the report on the implementation of the Convention widely available to the public at large, in the light of article 44, para. 6 of the Convention?

RES.

The NCCWD is trying its best to make the December, 1992 report widely available.

OBS.
6. What is the status of the Convention in relation to the Constitution, federal and provincial law? Can the provisions of the Convention be invoked before the courts? (report para. 34).

RES.

Provisions of CRC are not self-operative under the laws of Pakistan. Consequently the CRC provisions cannot be presently invoked before the local courts.

OBS.
7. Please indicate any development occurred following the process of compilation of existing legislation, mentioned in para. 35 of the report (see also paras. 36, 89a), 15,P, 171, 172, 182 and 183), as well as measures taken in the light of the Islamabad Declaration on Survival, Protection and Development of Children, which proposed the establishment of a committee "for monitoring and speeding up implementation of legislation concerning rights of the child".

RES.

The NCCWD, in cooperation with UNICEF, has conducted a review of many Federal and Provincial Laws and has recommended modifications thereof in the light of the CRCs. Some of these alterations have already been adopted by the. Government and others are i.n process and being considered. NCCWD plans to conduct more such studies in future.

NCCWD and PCCWDs comprise representatives of all relevant Divisions, Departments and major NGOs concerned with enforcement of the protective legislation concerning the rights of the child. Therefore, the idea of setting up of another Committee has been dropped.

OBS.
8. Please provide information on the way the situation mentioned in para. 23 of the report is in conformity with -the Convention, with the principle of equality before the law recognized by the Constitution of Pakistan and with

para. 31 of the report.

RES. Ministry of Law and Justice of the GOP has advised NCCWD that Pakistan's Constitution (Article 4) confers inalienable right to every citizen to enjoy the equal protection of law and to be treated equal in accordance with law. In addition Constitution's Article 25 also ensures equality before law and equal protection of law. In this regard article 4 and article 25 are reproduced below:

Article-4

(1) To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Pakistan.

(2) In particular:

(a) No action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law;

(b) No person shall be prevented from or be hindered in doing that which is not prohibited by law; and

(c) No person shall be compelled to do that which the law does not require him to do.

Article-25

(1) All citizens are equal before law and are entitled to equal protection of law.

(2) There shall be no discrimination on the basis of sex alone.

(3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.

OBS.
9. Please describe steps taken to implement article 4 of the Convention, namely in regard to the allocation "to the maximum extent of the available resources", to ensure the implementation of economic, social and cultural rights.

RES. GOP has already constituted a National Children Fund with an initial allocation of Rs. 50 million (US $ 1.6 Million). NCCWD has been entrusted the task to administer this Fund. In addition, GOP has also initiated a nation-wide Social Action Programme (SAP) which deals with Subjects. such as health, education, water supply and sanitation. Allocation to SAP is in addition to normal yearly budgetary allocations.

OBS.
10. Please indicate what proportion of the national, federal and provincial budget, is allocated to social expenditure for children, namely in the light of the "first call for children", recognized in para. 52 of the report (see also, paras. 47b), 51, 59, 65,162, 184, 185).

RES. Federal and Provincial budgets presently do not indicate separately the amounts allocated for children. However, GOP has allocated Rs. 102.4 Billion (US & 3.30 Billion) for SAP indicated in the preceding paragraph 9. 81.8% of this amount has been earmarked to the provinces.

OBS.
11. What share of international assistance is devoted to the implementation of the Convention (para. 185 of the report)?

RES. Presently GOP does not indicate separately any amount of international assistance devoted to CRCs implementation.

Definition of the Child
(Art. 1 of the Convention)

OBS.
1. Please provide information on the minimum legal age for criminal responsibility, deprivation of liberty, capital punishment, life imprisonment and to give testimony before the court.

RES. As far minimum age for children's liability, under the Pakistan Penal code, no act is considered as an offence which is committed by a child under 7 years of age and no act is regarded as an offence done by the child about 7 years of age and under 12 years, who has not attained sufficient maturity to judge the nature and the consequence of his conduct on that occasion. The youthful offenders below 15 years of age except the offenses under Hadood Laws are tried by the juvenile courts and the offenders tried by such courts are not sentenced to death or imprisonment for life. A child found guilty of offence by a Juvenile Court may be discharged after the admonition or he may be committed to the care of his parents/guardian or other adult relative or released on probation on good conduct. The law even authorises the officer in charge of Police Station to release the person under 15 years of age on bail if arrest on charge of non-bailable offence triable by a Juvenile Court.

Under the Qanoon-e-Shahadat, 1984 (Law of Evidence) tender age of witness does not operate as a bar against him to testify before a Court of Law. A child is competent to depose unless the Court considers that he is incapable of understanding question put him.

OBS.
2. What is the age for the end of compulsory education and its relation to age of employment, namely in light of paras. 30 and 42 of the report and articles 1, 28, 29 and 32 of the Convention?

RES. There is no compulsory education in Pakistan although it is a Principle of Policy under the Constitution to make it so. Provincial Laws to make education compulsory exist but they have not been enforced.

OBS.
3. In cases where the girl child is treated differently by the law, as referred to in paras. 19, 20, 24, and 38, to what extent is article 2 of the Convention taken into consideration (See also report para. 69)?

RES. NCCWD has proposed a uniform age of 18 years for marriage for both male and female. The matter is under active consideration of GOP and is likely to be implemented within 1994. The NCCWD has resolved to constantly point out to all concerned Ministries/Departments laws that are discriminatory in nature.

OBS.
4. In what cases is the criteria of attainment of puberty used by the law and to what extent may it preclude the realization of the rights of the child recognized by the Convention (paras. 24 and 158 of the report?

RES. The criteria of attainment of puberty is used by law in areas such as marriage, sexual offenses and guardianship matters.

General Principles

Non-discrimination
(Art. 2 of the Convention)

OBS.
1. Please provide information on the way the principle of non--discrimination, recognized by article 2 of the Convention, is fully reflected in national law (report para. 175).

RES. Discrimination is prohibited under the Constitution. Article 25 of the Constitution in this regard reads as follows:

(1) All citizens are equal before law and are entitled to equal protection of law.

(2) There shall be no discrimination on the basis of sex alone.

(3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.

OBS.
2. Which measures have been taken to reduce disparities between rural and urban areas and to ensure the implementation of the Convention to the most disadvantaged groups of children, including children belonging to minorities or indigenous communities, refugee children and disabled children?

RES. The Federal and Provincial Governments and some major NGOs have made efforts to reduce the disparities between rural and urban areas. Some of such efforts are:

i) Construction of farm to market roads.

ii) Provision of Basic Health Units (BHUs) in rural

areas.

iii) Provision of non-formal education.

iv) Provision of safe drinking water and sanitation facilities.

It is maintained that children of minorities and indigenous communities are in no way discriminated against.

OBS.
3. What steps have been taken to prevent and eliminate discriminatory attitudes or prejudices and to ensure an effective protection against discrimination, in particular towards the girl child (See article 2 of the Convention)?

RES. GOP is of the view that discriminatory attitudes or prejudices are mainly a result of illiteracy. Therefore, GOP and Provincial Governments are making efforts to promote education.

OBS.
4. What measures have been taken to ensure the use of disagregated indicators on the basis of age group, gender, rural and urban categories, as mentioned in paras. 93 and 96 of the report, and which have been the results for policy making

RES. In June every year GOP takes out a National Economic Survey which inter-alia, contains information relating to age group, gender, rural and urban categories.

Best interests of the child
(Art. 3 of the Convention)

OBS.
5. In what way is the principle of the best interests of the child, recognized by article 3 of the Convention, reflected in legislation or other actions undertaken by public or private social welfare institutions, courts of law or administrative authorities?

RES. It is laid down in the Principles of Policy of the Constitution to protect the marriage, the family, the mother and the child. The following laws can be quoted as example in that behalf:-

a. The Guardians and Wards Act, 1890 stipulates that in appointing a guardian of a minor, the welfare of that minor would be the guiding principle for the Court. For this purpose the Court can take into consideration the age, sex and religion of the minor, the character and capacity of the proposed guardian, the nearness of his relation with the minor and also in case the minor is old enough to form an intelligent preference, the Court may consider that preference as well.

b. The Child Marriage Restraint Act, 1929 was enacted keeping in mind the best interests of the child. This Act makes contractor of marriage between a male and female, who is under 18 & 16 years of age respectively punishable with imprisonment and fine.

c. The Labour Laws specifically protect children from exploitative nature of labour. The Factories Act, 1934, the Mines Act 1935. The Shops & Establishment Act, 1964 and Employment of Children Act 1991 amongst others prohibit employment of children under 14 years. NCCWD is trying to get this minimum age raised to 16 years.

d. The Supervision and Control of Children Homes Act, 1976 protect the orphan and neglected children from abuse.

e. The Punjab Children Ordinance 1983 for the Province of Punjab and the Sindh children Act, 1955 strive to protect civil rights of children. NCCWD will try to have these laws activated and to have similar laws enacted in the provinces of Baluchistan and NWFP.

Besides the enforcement of Fundamental Rights, the Judiciary in Pakistan in a conscious effort to alleviate the suffering of the masses and in order to assert its constitutional role has evolved a new concept in the field of adjudication namely "Public Interest Litigation". The Public Interest Litigation is being used effectively in Pakistan often in the form of Suo Moto action of the Higher Judiciary to protect the violation of human rights of all classes of society including children women and labour.

The right to life, survival and development
(Art. 6 of the Convention)

OBS.
6. Please indicate what measures have been adopted to ensure, to the maximum extent possible, the survival and development of the child in the light of article 6 of the Convention.

RES. The Federal and Provincial Governments in collaboration with International Agencies particularly the UNICEF and WHO have extensive programmes to ensure the survival and development of children including child survival programmes, expanded programmes on immunization, national programme for the control of acute respiratory infections, control of diarrhoeal diseases programme and control/manage mal-nutrition.

RESPECT FOR THE VIEWS OF THE CHILD
(Art. 12 of the Convention)

OBS.
7. Please provide information on the ways in which the principle of respect for the views of the child is reflected in all matters affecting the child, including in legislation, judicial and administrative proceedings.

RES. The child has the constitutional right to express his or her views freely in all matters affecting the child. A child cannot be separated from his or her parents against their will unless of course the parents are arrested, divorced or physically incapable of looking after their children. The Family Courts have the power to appoint a guardian for a child under 18 years. In this regard views of the child are taken into account by the court.

OBS.
8. What steps have been taken to encourage the participatory rights of the child?

RES. The participatory rights of the children are guaranteed by the Constitution of Pakistan. However, in general practice, these rights are not encouraged but in some cases such as the right of the child regarding appointment of guardian is protected by law and is also respected practically. The participatory right of the child is mainly discouraged on account of age old social customs, values and lack of awareness about the right of the child.

There is great need to create awareness among the parents and masses to promote the participatory rights of the child in this connection efforts have been made through print and electronics media to encourage participatory rights of the child.

CIVIL RIGHTS AND FREEDOMS
(Arts. 7, 8,13-17 and 37(a) of the Convention)

OBS.
1. In the light of articles 7, 8, to 17 and 37(a) of the Convention and the relevant chapter of the general Guidelines regarding the form and content of initial reports, adopted by the Committee, please provide information on the way each one of the civil rights and freedoms are recognized by law and implemented in practice, including by the administrative and judicial bodies, both at the federal and provincial levels (report paras, 34 and 153 to 157).

RES. Article wise response to the observations follows:

Article 7: (Right to name and nationality)

Registration of birth of each child is mandatory within 15 days of the birth under the "Births, Deaths and Marriages Registration Act, 1886". Although there is no legal provision for giving name to a child, traditionally, a child is named immediately after birth or maximum within a week. Similarly, a child born in Pakistan does not have legal right to be cared by its parents. However, it is a criminal offense punishable with seven years imprisonment to abandon a child under 12 years of age (Pakistan Panel Code, 1860).

The children born out of wedlock only suffer because of social taboos. However they are looked after with all social and civil rights either in Babies Homes, orphanages or -placed under guardianship of suitable married individuals under "Guardians and Wards Act, 1890".

Article 8:

There is no specific Constitutional or legal provision for preservation of identity of children but under the Constitution of Pakistan (Article 4) it is an inalienable right of every citizen (including children) to enjoy the protection of law and to be treated in accordance with law. In particular, no action detrimental to the life liberty, body, reputation, property of any person can be taken except in accordance with law.

A minor cannot renounce his citizenship of Pakistan (Section 14, The Citizenship Act, 1951).

Article 13:

The right to freedom of expression are duly safeguarded by the Fundamental Rights provisions of the Constitution but suffer at the hands of current customary practices and prejudices in Pakistan. However, the administrative and judicial bodies are always guided by the said constitutional provisions.

Article 14:

The right to the freedom of thought, conscience and religion are safeguarded by Fundamental Rights granted by the Constitution subject to restrictions imposed on grounds of law, public order and morality.

Article 15:

The right to freedom of association is also secured by the Constitution of Pakistan (under Fundamental Rights provision) subject to reasonable restrictions imposed by law in the interest of sovereignty, public order or morality. In this regard, the court can/may take into consideration the circumstances prevailing at the time, the nature, extent or duration of the restrictions.

Article 16:

Generally speaking, a child in Pakistan has legal as well as Constitutional protection against various forms of interferences mentioned in this Article of the Convention. As far as the protection of the child against unlawful attacks on his honour and reputation, this is basically governed by the common law of defamation, but there are no specific statutory provisions in this regard except for provision of criminal sanctions in certain cases (sections 499-502, Chapter XXI, The Pakistan Penal Code).

Article 17:

The right of child to access to appropriate information is facilitated up to the possible extent. The print as well as electronic media continuously provides knowledge to children in addition to recreation through stories, features and cartoons etc. The TV channels including PTV-2 (Educational Channel) also telecast informative programmes procured from foreign firms. Foreign books and journals are also available, however their import is subject to certain checks and controls.

Article 37(a):

Violations of the right of child with regard to protection from torture and deprivation of liberty especially of the children belonging to poor and ignorant families, do occur despite legal and Constitutional safeguards. The reporting, investigation and redressal of such cases is done by police in a primitive manner. Radical changes to improve the situation are needed. The National Commission for Child Welfare and Development has included work in this area in its work plan for 1994.

OBS.
2. In particular, what concrete measures have been taken to prevent the occurrence of cases of ill-treatment, torture or other cruel, inhuman or degrading treatment or punishment of children and to investigate such cases? What complaint procedures can be used, including by children themselves, against such violations?

RES. Some of Pakistan's children are illegally taken to Gulf countries and cruelly used there as camal kids. GOP is trying its best to put stop to this inhuman practice.

NCCWD also takes up the cause of Juvenile prisoner -with the Ministry of Interior and Provincial Home Departments. Some of the NGOs also strive for release of Juvenile Prisoners.

There is an increasing trend on the part of Pakistan Judicial to take up issues relating to children on Suo-Moto basis. Many children have been released from prisons by direct intervention of the Judiciary.

In 1992 the Federal Government also enacted the Bonded Labour (Abolition Act) which prohibits bonded labour. This law has not been fully implemented but efforts are being made to get it enforced.

FAMILY ENVIRONMENT AND ALTERNATIVE CARE
(Arts. 5, 18 paras 1-2, 9, 10, 27 para. 4, 20, 21, 11, 19, 39 and 25 of the Convention)

OBS.
1. In the light of the relevant chapter of the General Guidelines adopted by the Committee and articles 5, 18 paras. 1 and 2, 9, 10, 27 para.4. 20, 21, 11, 19, 39 and 25 of the Convention, please provide specific information on the implementation of each of these provisions (report paras. 11, 13, 30, 140 and 141).

RES. Article 5: There is no specific law in Pakistan which deals with the right of the child with regard to parental guidance. However under the prevalent social system, the children receive care, protection and guidance from their parents/guardians/ members of extended family as well as teachers.

Article 18, paras 1-2:

Although the intent and purpose of paras 1-2 of this Article of the Convention is not codified in any legal or Constitutional provision, the parents/guardians/extended family members, recognize this principle and practically discharge common responsibility for the upbringing and development of the child. The State assists the parents/guardians to discharge their responsibilities towards child care and upbringing through social security schemes and other religious funds sponsored by the state such as Bait-ul-Mal and Zakat.

In addition day care centres have also been set up in the province of Punjab in every district.

Children Homes and orphanages have also been set up by the State. It also provides assistance to voluntary social workers as to set up and operate institutions for children for whom legal guardians are not appointed.

Article 9:

A child cannot be separated from his parents against his or her will unless of course the parents are arrested or divorced. In case of children of such parents, the Family Courts appoint guardians for the welfare of such children, while appointing a guardian, best interests of the child are always kept in view by the court.

Article 10:

The contents of this article are not covered directly by any provision of law, but federal government is empowered to restrict the entry, presence or departure of any person including child with the intention of national security, public order and public health. There is also no bar on family reunification except in cases of violation of any law related to national security, public order etc. The relevant laws however have given immense discretionary powers to the Federal Government and none of these law mention even in passing the right of the parties to family reunification.

Article 27 para-4:

Care and maintenance of children is governed by general Islamic Law. Suits for maintenance can be brought under the Family Courts Act, 1964. Pakistan is also a signatory to the Convention on the Recovery Abroad of Maintenance, which is enforced in Pakistan through the Claims For Maintenance (Recovery Abroad) Ordinance, 1959. This Convention provides for security of recovery of maintenance from outside Pakistan.

Article 20:

As mentioned in the statement under article 9 that a child cannot be separated from his parents against their will unless of course the parents are arrested/divorced and in such cases, the State takes necessary action as described against article 9.

Article 21:

Adoption is not governed by any law in Pakistan/Islam. It does not mean that adoption is literally prohibited in Pakistan. Children in especial circumstances are placed under the guardianship of their near relatives or suitable person appointed by Court. In that case the children do not automatically adopt the parentage of their guardians. They will legally enjoy all social and economic rights except for inheritance of property from their guardian.

Article 11:

Exit From Pakistan (Control) Ordinance, 1981 practically combats the illicit transfer and return of children from abroad. The Emigration Ordinance 1979 states that no emigrant below the age of 18 years, who is unaccompanied by parents, guardians or relative of 18 years of age, shall be assisted to emigrate, unless otherwise directed by the Federal Government, for reasons to be recorded in writing. In addition, according to the Guardians and Wards Act, 1890, a guardian appointed by a court is not permitted to remove the child from the limits of the court without the permission of the court.

Article 19:

The law provides that any person other than a parent having the actual charge of who wilfully fails to provide adequate food, clothing, medical aid or lodging for the child or who wilfully assaults, ill treats, neglects, abandons or exposes the child in a manner likely to cause such child unnecessary mental and physical suffering is punishable with imprisonment of up to six months or fine or both.

Article 39:

Children Ordinances in the provinces have been enacted to establish schools for children who have been victims of neglect or abuse or torture or who are ordered to be detained there by the orders of the court. Family Courts may also look after the welfare of children under the authority of the Guardians and Wards Act.

Article 25:

Periodic review of children placed by competent authorities in homes/guardianship is not provided by any law. However, under the Guardian and Wards Act, and Children's Ordinance/Act provide that where the courts may upon information received from any person review the treatment provided to the child.

Basic Health and Welfare
(Arts. 6 para. 2, 23, 24 , 26, 18 para. 3 and 27 paras. -3 of the Convention)

OBS.

In the light of articles 6 para. 2, 23, 24, 26, 18 para. 3, 27 paras. 1 to 3 and the relevant chapter of the General Guidelines adopted by the Committee, please provide specific information on each of these provisions, including on:

a) the special measures taken to overcome the inadequacy of special education services for disabled children, mentioned in para. 136 of the report;

b) the situation of disabled children with respect to the promotion of their dignity, self-reliance and active participation in the community, as well as their effective access to training, health care and rehabilitation services and preparation for employment;

c) the existence of training programmes for those who are responsible for the care of the disabled;

d) the practical measures taken to prevent and eliminate discriminatory attitudes against the disabled.

RES. General position of paras mentioned is as under:

Article 6(2):

The right to life is a fundamental right guaranteed under the Constitution. Provisions of this article are indirectly covered under article 37(b) of the Constitution which makes it a Principle of Policy of the State to remove illiteracy and provide free and compulsory education up to secondary level within minimum possible period. However, this is only a Principle of Policy and is subject to availability of resources.

Article 23:

Provisions of this Article are not directly covered by any legislation.

Article 24:

No law in Pakistan specially deals with the concerns of this Article. The only relevant laws that partly cover this Article of the Convention are:

i. The Provincial Vaccination Ordinance, 1958;

ii. The Maternity Benefits Ordinance whereby the expectant mothers are not expected/permitted to work for six weeks before and after delivery of the child.

Article 26:

There is a Social Security Scheme in each province under the provincial Security Ordinance 1965. However, this scheme only applies to workers as defined in this law and is restricted to persons earning less than Rs.3000 (US$ 97) per month. Children of employees under 21 years are covered by this law. It may be mentioned that this scheme does not apply to Government employees. There is no Social Insurance Scheme in the country.

Article 18-3:

The right to child care services to children of working parents is not being universally fulfilled. However, Federal and Provincial Governments and NGOs have set up day care centres for children of working women in big cities.

Article- 27-3:

Destitute parents/guardians are financially assisted out of religious funds managed by the State such as Bait-ul-Mal and Zakat at all local levels.

In addition to the foregoing, additional information required by the Committee is as follows:

a) In order to overcome the inadequacy NISE is striving to develop a process of integration (mainstreaming) by training teachers from normal schools and adopting a strategy of transfer of children from special schools to normal schools.

Pilot projects for community based rehabilitation of disabled have been initiated in selected areas in various parts of country.

Special efforts are being made to extend the rehabilitation services to the rural section of the population. The nation-wide programme for the vocational training of disabled persons have been initiated. Special projects have also been launched for early detection of disabilities, vocational training of disabled and training of the personnel. Projects have been undertaken in collaboration with UNICEF and ILO.

b) In special education centres established by Federal and Provincial Governments and NGOS, educational, vocational and health services are provided to the disabled with a view to prepare them for employment and making them self reliant and contributory members of the society.

c) The National Institute of Special Education (NISE) provides training to personnel responsible for the care and training of the disabled persons from Government and NGOs. In this regard Allama Iqbal Open University (AIOU) also arranges extension courses for the training of special education personnel. Training abroad of the personnel, responsible for the care of disabled is also facilitated.

d) Discriminatory attitudes and practices towards disabled are reducing because of advocacy for the cause of disabled. After the International Year of Disabled, the needs and rights of disabled child have received great priority at the Government and Non-Government level. Special measures such as establishment of separate Directorate General of Special Education at Federal and Provincial levels, establishment of centres for health care, special education training and rehabilitation of disabled children has lead to reduction in discriminatory attitudes against disabled children. The disabled children have free access to all places, business, travel and equal opportunities for development. To provide them employment opportunities, an Ordinance, the Disabled Persons Employment and Rehabilitation Ordinance 1981 had been promulgated.

Education Leisure and Cultural Activities
(Art. 28, 29 and 31 of the Convention)

OBS.

In the light of articles 28, 29 and 31 of the Convention and the relevant chapter of the General Guidelines adopted by the Committee, please provide information on the implementation of these provisions and in particular on:

Implementation status of Provisions of articles 28, 29 and 30:

Article 28:

It is a principle of Policy of the Constitution of Pakistan to remove illiteracy and provide free and compulsory education up to secondary education within minimum possible period. This Constitutional provision has not been achieved due to resource constraints. The Education Policy introduced in 1993 lays emphasis on provision of free and compulsory primary education to all children of age group 5-9.

The Federal and Provincial Vocational Training Institutes, commercial colleges, poly technique institutes look after the needs of vocational training of children throughout the country. The deserving students are financially assisted out of religious fund called Zakat Fund. The Federal/Provincial Governments also provide scholarships to the students on merit basis.

The Worker's applies to establishments employing workers earning less than Rs. 3000 (US $ 96) per month requires every employer to pay to the Provincial Government on education cost at a prescribed rate. The Provincial Governments then use this fund for providing free education up to the 10th grade

Children (Education) Ordinance 1972 which (Matric) to one child of every worker who is covered by this Ordinance. Such free education includes provision of text books, exemption from admission fee, tuition fee, examination fee and school fund.

Article 29:

Due consideration is given to the objectives of education as mentioned in this Article of the Convention. The Curriculum is developed on the basis of personality development needs of children to the fullest possible extent. However, no efforts in this regard can be comprehensive nor the level of achievements can be maximum. This process is of continuous nature, therefore, continuous assessment of the goals must remain in view of the educators.

Article 31:

To promote cultural activities among the citizens of Pakistan including children, a net work of the National and Provincial Councils of Arts have been set up throughout the country, at District level. All Government -educational institutions have provision of funds to promote cultural recreational and sports activities. Most of these schools arrange educational excursions and sports competitions for students within the country. From time to time as regular activity. The children are also encouraged to participate in Pakistan delegations under cultural exchange programmes outside the country from time to time. These extra curricular activities are directed at capacity building of children with regard to their personality development as well as physical and mental growth. NCCWD is constantly trying to create awareness amongst various Ministries/Departments regarding the cultural rights and leisure activities of children.

In addition to the foregoing, additional information desired by the Committee is as follows:

a) Following measures have been proposed to be adopted in the 8th Five Year Plan for:

i. Universal access to primary education for all boys and girls of 5-9 years of age.

ii. Enactment and enforcement of legislation for compulsory primary education for all children of relevant age group.

iii. The enrolment rate of girl child is generally low in Pakistan and miserably low in the rural areas and in certain provinces like Baluchistan and NWFP. Federal and Provincial Governments are striving to raise this rate and reduce the drop out rate to girl child.

b) Efforts are also underway for promotion of community participation to minimize drop out and encourage regular attendance. The 8th Five Year Plan (1993-1998) provides for undertaking measures for qualitative improvements in physical infrastructure, curriculum, teachers training programme and examination system at all levels of education specially primary level education.

c) The NCCWD in close collaboration with the Federal Ministry of Education is pursuing a proposal to include a chapter on the rights of the child in the curriculum up to secondary education level at each grade throughout the country.

d) The Federal Ministry of Education is working on the strategy of universalizing access to primary schools for all boys and girls of 5-9 years of age during the National 8th Five Year Plan.

e) The curriculum from primary to secondary education level already covers the areas mentioned in the article 29 of the Convention. The Government has established Bureau of Curriculum under the Federal Ministry of Education which after regular intervals reviews, recommend qualitative improvement in curriculum, teacher training programmes for capacity building of the children in all respects.

f) The Education Policy introduced in 1992 aims at active involvement of NGOs in the educational process. NGOs are encouraged to establish educational institutions in rural and urban areas. In this regard a number of facilities and incentives are being offered to the private sector by government. In addition, following measures are worthy of reporting:

i. The area based model primary education development projects are being launched with community participation in the selected areas which remained neglected in the past.

ii. The Federal and Provincial Governments are also aiming at intensive national social mobilization strategy for creating demand for education through motivational campaigns strongly backed up by political representatives, opinion leaders, policy makers and planners to achieve enforcement of legislation, generating resources and demand creation from local community.

SPECIAL PROTECTION MEASURES

OBS.

Please provide specific information, in the light of the relevant chapter of the General Guidelines adopted by the Committee on:

a). children in situations of emergency (articles 22, 38 and 39 of the Convention) namely, as regards special protection to be granted to refugee children (para, 175 of the report) on:

1). the measures taken to ensure the enjoyment by refugee or asylum-seeking children of the rights recognized by the Convention, including at the level of school enrolment and birth registration;

2). the number of refugee and asylum-seeking children presently in Pakistan, their origin, successes and difficulties in providing them with protection and assistance.

RES.

Article 22:

There is no law in Pakistan which deals with refugees except for the Pakistan Refugees Rehabilitative Finance Ordinance, 1959. This Ordinance also covers children as it is silent on the question of age of a refugee.

The Government has been making best of its efforts to help the refugee children. The refugee camps are equipped with health and education facilities. Educational institutions up to Matriculation level have been set up within the camps. There is also no bar in seeking admission by children outside refugee camps.

Birth of refugee children is registered at the camp level and subsequently consolidated at the level of the Refugees Commission at the provincial Headquarter levels.

Article 38:

The Pakistan National Service Ordinance 1970 which deals with introduction of compulsory national service, prescribes the minimum age for recruitment in Pakistan Forces is also 18 years.

Pakistan has also ratified Geneva Convention relative to the Protection of civilian persons in time of war and the Geneva Convention relative to the treatment of prisoners of wars, both dated 12th August, 1949. She is accordingly bound by the provisions of those Conventions which also relate to children.

Article 39:

The Punjab Youthful Offenders Act, 1983 Children Act, 1955 and Supervision and Control of Children Homes Act, 1976 provide for establishment of institutions for care, protection, treatment and rehabilitation of child victim of any form of neglect, exploitation, abuse etc. However, the enforcement of these legislations is not proper.

2) According to the estimates of the Chief Commissionerate for Afghan Refugees, Government of Pakistan 800,000 Afghan Children and 110 Bosnian Children are presently living in Pakistan. Presently there are no asylum applicants.

OBS.
b). children in conflict with the law (articles 37, 40 and 39 of the Convention) in particular on:

- the prohibition of capital punishment and life imprisonment without possibility of release;

- the prohibition of unlawful or arbitrary deprivation of liberty;

- the use of arrest, detention or imprisonment of a child as a measure of last resort and for the shortest possible period of time;

- the possibility of prompt access to legal and other appropriate assistance, as well as of challenging the legality of the deprivation of liberty before a court or other competent, independent and impartial authority, and of having a prompt decision thereon;

- the measures taken to ensure that children deprived of liberty are treated with humanity and respect for their inherent dignity and in a manner which takes into account the needs of persons of their age;

- the opportunity for the child deprived of liberty to maintain contact with the family;

- the measures taken to implement article 40 of the Convention, including the safeguards ensured to the child alleged as, accused of or recognized as having infringed the penal law;

- the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of or recognized as having infringed the penal law;

- the training ensured to the professional groups dealing with the children alleged as accused of or recognized as having infringed the penal law, including judges, lawyers and law enforcement officials;

- the measures taken to promote the child's re-integration and the child's assuming a constructive role in society.

RES. Article 37: The concerns raised in this article of the Convention are guaranteed by the Constitution. These Constitutional provisions read as follows:

Article 9:

i). No person shall be deprived of life or liberty save in accordance with the law.

ii). No person who is arrested shall be detained in custody without being informed, as soon as possible may be, of the grounds for such arrest, nor shall be denied the right to consult and be defended by a legal practitioner of his choice.

iii) Every person who is arrested and detained in custody shall be produced before a magistrate within a period of 24 hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of nearest magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

Article 11(4)

No punishment can be given which is of a cruel nature or incompatible with human dignity.

Article 14
i). The dignity of man, and subject to law, the privacy of home, shall be inviolable.

ii). No person shall be subjected to torture for the purpose of extracting evidence.

With regard to legislations the laws are as follows:

i) Section 82 of the Pakistan Penal Code 1860 reads as follows:

Nothing is an offence which is done by a child under seven (7) years of age.

Nothing is an offence which is done by a child above 7 years of age and under 12 years of age who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct at that occasion.

ii) Under the Offence of Zina Ordinance 1979, female child under the age of 16 years and male child under 18 years can be punished due to willful sexual activity without being validly married to the other person and/or for imputing such activity concerning any person intending to harm that person. Additionally the offence of Zina Ordinance males both male and female children in the same age groups punishable for committing the offence of rape as defined in the law. The procedure for investigation of such offenses in humane manner need to be adopted but the punishment under the law cannot be waived in view of morality, reformation, deterrence and protection of fundamental and human rights.

iii) Under the Punjab Youthful Offenders Ordinance, 1983 for the Province of Punjab no child under the age of 15 years shall be sentenced to death or transportation or any imprisonment. This law also authorizes the officer in charge of the police station to release a child apparently under the age of 15 years on bail on sufficient security if that child is arrested on a charge of non bailable offence. Even in the case of a child under 15 years of age who has been convicted by the court for an offence punishable with transportation or imprisonment, the court may order him to be sent to a certified school or a juvenile section of jail. However, No provision exists neither in the code of Criminal Procedure 1898, nor in the Punjab Youthful Offenders Ordinance, 1983 for the inmates to maintain contact with family through correspondence or visits. Visitors are however allowed under the Prisons Act 1894 at proper time and under proper restrictions.

iv) The Sindh Children Act, 1955 for the Province of Sindh deals with the custody, protection, trial, treatment and rehabilitation of children and youthful offenders, in the province of Sindh. Any person who has not attained the age of 16 years is to be treated as a child, while a child who has been found to have committed an offence is to be called a youthful offender.

Juvenile courts have been established under this Act. They include the High Court, the Court of Session, the Court of the District Magistrate, a Sub Divisional Magistrate's Court and the Court of a Magistrate of the First Class. These Courts have been set up for trial of all such cases in which a child is charged with the commission of an offence. While trying children, these Juvenile Courts shall have either to sit in a building or a room other than that in which the ordinary sittings of these Courts are held, or they shall have to hold their proceedings on days and times different from those fixed for their ordinary sittings. Only members and officers of the of the Court, parties to the case and other persons directly concerned can he present in the Court. The Courts have further been empowered to direct any person, including even the parents or guardians of the child, to withdraw from the Court. While passing any order, the Court shall have to take into consideration the character and age of the child, the circumstances in which the child is living, the reports made by the Probation Officer and such other matters as concern the interest of the child. Newspapers, Magazines, News sheets, etc. cannot publish the proceedings of Juvenile Courts, nor can they disclose the name, address or school, whereby identification of the child can be possible. In this manner, even the picture/photograph of the child shall not be published, unless, of course, the Court, trying the case, may permit it. The Sindh Government can establish and maintain industrial schools for the reception of children and youthful offenders and can also declare any particular place as a Remand Home. The schools accepting any child shall be bound to teach, train. lodge, clothe and feed the child during the period of its retention in school.

NCCWD is striving to have similar laws enacting in the remaining Provinces.

Article 39:

As stated against (a) of the observation of the Committee under special protection measures.

Article 40:

Most of the provisions of this Article have been covered under the explanation given under Article 37 and 39. As far as protection against retrospective punishment and self incrimination, the Constitution grants these protections in forms of Fundamental Rights.

The Criminal Procedure Code 1898 governs criminal trial proceedings. It directly or indirectly covers many matters discussed in this Article, like the right of the accused to be defended by a pleader; obligation to supply to the accused in cases of trial by magistrates free of cost copies of statements of all witnesses, and of the inspection note recorded by an investigation officer on his first visit to the place of occurrence at least seven days before the commencement of the trial; obligation to read and explain to the accused any alterations in the charge; obligation to record all evidence in the presence of the accused or where his personal attendance is dispensed with, in presence of his lawyer; whenever any evidence is given in a language not understood by the accused, and he is present in person in the Court, or the lawyer, obligation to interpret such evidence to them in a language understood by them the power of magistrates to dispense with personal attendance of the accused; right of the accused to refuse to answer any question put to him by the court without being liable to punishment; and bar on use of influence to induce accused to disclose or withhold any matter within his knowledge.

OBS.
c) children in situation of exploitation (articles 32, 33, 34, 35, 36 and 39 of the convention) and in particular on

1) the legal minimum ages established for the different activities and their compatibility with the Convention, namely in the case of work in the mines, hazardous employment and where the child is carrying an occupation "with the help of the family or in a school established, assisted or recognized by Government", as considered by the Employment of Children Act 1991, section 3 (Annex I to the report and paras. 20, 30, 3 9 and 44 of the report);

2) the measures and strategies adopted to eradicate child labour (report paras. 30, 45 and 139);

3) the way child labour inspection is currently functioning, the bottlenecks to its full effectiveness and the main measures envisaged to remedy existing difficulties and gaps (report paras. 43 and 44);

4) the way child labour in agriculture and in the informal sector is inspected (report paras. 30 and 138);

5) what is meant by "labour camps" mentioned in para. 50j) of the report, what measures have been adopted formally to eliminate them, what is the situation of the children concerned, and in what way are the rights recognized by the Convention enjoyed by them, including at the level of rehabilitation (see also report paras. 88 and 89);

6) the measures taken to eliminate forced labour, the difficulties encountered and the results achieved including at the legislative level (report paras. 88 and 89).

RES.

Article 32:

The Constitution bans employment of children below the age of 14 years in any factory, or mine or any other hazardous employment. The Factories Act, 1934, Merchant Shipping Act, 1923 and Employment of Children Act, 1991 also ban employment of Children below the age of 14 years. The Mines Act, 1923 bans employment of children below the age of 15 years. In addition to banning employment of children under 14 and 15 years, these laws also restrict the working hours of the employees over the minimum age of employment as also regulate the conditions of work. These laws also ban employment of children in occupations/processes injurious to their health and development. These laws, however, do not cover all child labour in areas such as domestic, labour and agriculture; 70% of Pakistan's population lives in rural areas.

NCCWD has proposed all the relevant Ministries to improve upon these legislations to confirm them with the provisions of CRC.

Article 33:

Article 37(g) makes it a Principle of Policy of Pakistan to prevent use of injurious drugs. The illicit use of drugs is a criminal offence under the provisions of Pakistan Penal Code 1860.

Article 34:

The enforcement of Hadd Order 1979 and provisions of Pakistan Penal Code 1860 make it a crime to buy or sell a person with the intent that such person shall at any time he employed or used for the purpose of prostitution or immoral acts.

Article 39:

The only provision that exists in Pakistan with respect to this article of the Convention is the school established under the Punjab Youthful Offenders Ordinance. This Ordinance, although enacted, has not been implemented, and these schools, therefore, have yet to be opened. In any case, this law only covers Punjab. These schools are meant for those children who have been victims of neglect, or abuse, or torture, or who are ordered to be detained here by the orders of the Courts of First Class Magistrate.

Family Courts may also look after the welfare of children under the authority of the guardians Act.

In addition, specific information by the committee is as under:

1) The State of Pakistan is bound under the Constitution to:

Ensure the elimination of all forms of exploitation and the gradual fulfilment of the fundamental principle "from each according to his ability, to each according to his work".

It is a Principle of Policy of Pakistan to prevent concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest.

As a result of these Constitutional provisions, children in Pakistan are already legally protected against all forms of exploitation.

As for the provision of minimum age of children for admission to employment, the Constitution states that:

"No child below the age of 14 years shall be engaged in any factory or mine or any other hazardous employment".

This article only prescribes age for children working in any factory, mine or hazardous employment, and leave open the question of children working in other establishments, particularly children carrying an occupation with the help of the family or in a school established/assisted or recognized by Federal or Provincial Governments.

The Employment of Children Act 1991 prohibits employment of children below the age of 14 years in any occupation connected with the transport of passengers, goods or mails by railway; or involving the handling of goods within the limits of any port.

The Factories Act 1934 prohibits employment of children below the age of 14 years in any factory. The factories Act -allows employment of children between the ages of 15 and 17 years provided that they have a certificate of fitness obtained from a certifying Surgeon. This act also restricts the working hours of a child; it disallows a child to work in a factory for more than five hours in any day, and even these hours should be so arranged that they should not spread over more than seven and half hours in any day. The working hours in any case should be between 6.00 a.m. and 7.00 p.m. The hours of work should correspond with the notice of period of work which are required to be displayed in a factory. Contravention of these provisions is punishable with a fine of up to Rs-500 (US$ 16).

The shops and establishments Ordinance 1969 also regulate the working hours of children between the ages of 14 and 17 years of age; it restricts these hours to seven hours a day, and 42 hours a week. This Ordinance applies to all shops, and such establishments as are notified by the Provincial Governments.

The Mines Act 1923, which applies to all Mines and Oil Fields in Pakistan, prohibits the employment of children below the age of 14 years; and disallow even their presence in an underground mine. Children between the ages of 14 and 17 years are allowed to work provided they obtain a certificate of fitness from a qualified medical practitioner. However, their hours of employment are restricted in that an interval of rest of at least 12 consecutive hours, including seven consecutive hours between the hours of 7.00 p.m. and 7.00 a.m., is allowed.

The Merchant Shipping Act, 1923 also is restrictive in this regard because it states that no child below the age of 14 years is to be engaged or carried to see to work, in any capacity in any ship registered in Pakistan, or in any foreign ship, except in a school ship, or training ship; in a ship in which all persons employed are members of one family.

It can be seen from the aforesaid provisions of law that legislative and administrative provisions already exist in Pakistan regulating the employment of children. The problem however, is that firstly these laws do not cover all the children working in Pakistan, for instance, the children working in the field in rural Pakistan, secondly the penalty in the event of contravention is low and hardly acts as a deterrent to employers.

2) Efforts are underway to eradicate child labour, through:

i) Amendment of relevant legislations by raising the minimum age of children.

ii) Effective enforcement of existing laws.

iii) Universalization of primary education.

iv) Extension of socio-economic support to rural and urban poor families as an incentive for protection of children from early labour.

3) Labour Inspectors inspect the industrial concerns within the purview of the existing legislations and ensure that provisions to protect children from labour are practically enforced. In three of the provinces inspectors have yet to be appointed under the Employment of Children's Act 1991. NCCWD will ensure that inspectors in these Provinces are appointed within 1994-95. In addition number of Labour Inspectors will have to be raised and special arrangement for their training will also be required. Simultaneously, universalization of primary education if provided on priority basis will also lead to reduction/elimination of child labour. It is however, maintained that the child labour issues cannot be effectively overcome without adequate national and international support.

4) Presently no law in Pakistan governs employment of children in agricultural sector.

5) Some part of Pakistan is called the Tribal Area. The writ of Federal and Provincial Governments does not extend to these areas. Many times children are kidnapped from areas constituting Pakistan and are illegally and unlawfully kept in camps in these Tribal Areas. These camps or parlance are called as Labour Camps. The Federal and Provincial Governments are using to eliminate these camps.

6) In 1992 the Federal Government enacted the Bonded Labour (Abolition) Act with the objective to eliminate forced labour. This law being recent is still in the process of enforcement.

OBS.
d) children belonging to a minority or an indigenous group (article 30 of the Convention), in particular on the measures taken to ensure their right to enjoy their own culture, profess and practice their own religion or to use their own language.

RES. Article 28 of the Constitution states that:

"Any Section of the citizens having a distinct language, script or culture shall have the right to preserve and promote the same and subject to law established institutions for that purpose".

In addition it is also the fundamental right of every citizen of Pakistan subject to law, public order and morality, to:

"Have the right to establish, maintain and manage its religious institutions".

The Constitution also prescribes that:

1) No person attending any educational institution shall be required to receive religious instruction, or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or worship relates to a religion other than his own.

2) In respect of any religious institution, there shall be no discrimination against any community in the granting of exemption or concession in relation to taxation.

3) Subject to law,

a) no religious community or denomination shall he prevented from providing religious instruction for pupils of that community or denomination in any educational institution maintained wholly by that community or denomination; and

b) no citizen shall be denied admission to any educational institution receiving aid from public revenues on the ground of race, religion, caste or place of birth.

4) Nothing in this Article shall prevent any public authority from making provision for the advancement of any socially or educationally backward class of citizens.

�1996-2001
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland