PAKISTAN: Persistent violations of children's rights

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)

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)

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);

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)

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)

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)

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)

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)

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)