COMMITTEE ON THE RIGHTS OF THE CHILD EXAMINES REPORT OF PAKISTAN
The Committee on the Rights of the Child today reviewed the combined third and fourth periodic report of Pakistan on how that country is implementing the provisions of the Convention on the Rights of the Child.
Imtiaz Kazi, Secretary of the Ministry of Social Welfare and Special Education of Pakistan, presenting Pakistan's reports, said that, since its last report, Pakistan had crossed a number of milestones to bring its laws and policies in conformity with the Convention. The Child Protection (Criminal Laws Amendment) Bill, 2009; the National Commission on the Rights of Children Bill, 2009; and the National Child Protection Policy had been prepared in consultation with stakeholders and submitted to the Cabinet for approval, which was expected next month. Among others, the Child Protection Bill defined child pornography and sexual abuse and criminalized them with severe penalties; it also defined and criminalized internal trafficking in children in Pakistan.
Mr. Kazi observed that Pakistan, like many other developing countries, faced challenges in improving its education sector, which remained somewhat deficient in access, quality and relevance. In addition, the emergence and continued presence of parallel systems of education – i.e. public, private and madrassah education – apparently violated the principles of uniformity of educational provisions. To address those challenges, efforts were being made to blend those systems with the national education system in the form of a common curricula and standards. The Prime Minister of Pakistan had committed to raise expenditure on education from the present 2.5 per cent to 4 per cent, and gradually to 7 per cent by 2015. Despite colossal challenges, primary enrolment had risen from 15.093 million in 2003 to 17.233 million in 2008 – a 14 per cent increase – and dropouts had been brought down from 50 per cent in 2003 to 35 per cent in 2008.
Lothar Krappmann, the Committee Expert serving as co-Rapporteur for the report of Pakistan, in preliminary concluding observations, said he had hoped that the Child Protection Bill would have been approved by now – that would have given a high note to their meeting today. One conclusion from today's meetings was that there was indeed an implementation gap. Implementing infrastructure was needed, and of course also a budget. It was a great concern that that core implementing body – the National Commission for Child Welfare and Development – did not have the funds required. Another concern centred on one of the major facts of life for children in Pakistan – the armed conflict that was ongoing today. Children were recruited by armed groups and they were affected by the threat of armed violence. They had to flee, and many lived in camps or environments other than those which they were used to.
Over the course of the two meetings Committee Experts also raised questions pertaining to, among other things, large disparities between children's ability to enjoy their rights in the different provinces; the special vulnerability of refugee and asylum-seeking children, including to recruitment by extremist groups; whether alternative care for children was regulated in line with the Convention; why the expanded immunization programme was not achieving its targets; and why levels of malnutrition among young children remained stagnant. The situation of girl children was an area of particular concern highlighted by a number of Experts, who noted that under-two mortality was much higher for girls than for boys; that immunization rates for girls were lower; and that there were lower enrolments rates for girls. Other issues of concern related to the girl child were early marriages, trafficking in children for purposes of sexual exploitation and honour killings.
The Committee will release its formal, written concluding observations and recommendations on the report of Pakistan towards the end of its three-week session, which will conclude on 2 October 2009.
Other members of the Pakistani delegation included Zamir Akram, the Permanent Representative of Pakistan to the United Nations Office at Geneva, and staff of the Permanent Mission, as well as representatives from the Ministry of Health, the Ministry of Education, and from the judicial system of Pakistan.
As one of the 193 States parties to the Convention, Pakistan is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the Treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes at 10 a.m. on Tuesday, 29 September, it will consider the second periodic report of Qatar (CRC/C/QAT/2).
Report of Pakistan
The combined third and fourth periodic reports of Pakistan (CRC/C/PAK/3-4) note that, since 2003, the Government has adopted various measures to implement the provisions in the Convention, including introduction of the second National Plan of Action towards the well-being of the Pakistani children. Moreover, changes have been made to different laws related to children; and increase in the age for criminal liability and various other major changes and policies of administrative as well as legislative nature are in process. Pakistan has also made progress towards achieving the Millennium Development Goals. The gross enrolment rate has increased from 72 per cent in 2000/01 to 87 per cent in 2005/06. The net enrolment rate has also shown an upward trend, as it increased from 42 per cent in 2000/02 to 52 per cent in 2005/06. The Ministry of Education launched the National Plan of Action for Education for All on 3 April 2003, with a view to achieving universal primary education by 2015. Gender disparities are being narrowed through mixed primary schools and compensatory programmes, focusing on missing facilities in girls’ schools and the appointment of female teachers. According to the National Plan goals and targets, by 2015, all children, with special emphasis on girls and children in difficult circumstances, should have access to completely free education. The Government also aims at improving the access to and quality of primary education. Many teacher-training programmes are being redefined as continuous professional development and non-State providers of teacher training are being increasingly asked to collaborate in partnership with the Government to undertake pre- and in-service training at primary and secondary levels. Since 2000 over 750,000 teaches have been trained and many re-trained. Almost 20,000 teachers have been trained alone in the earthquake areas in disaster management, psychosocial support, child-based creative approaches, and subject-based training.
The National Health Policy 2001 was a step forward and the Government has started working on the health reforms agenda. The major problems of the health sector are low expenditure, inequity in services, and inadequate primary health care services. Nevertheless, substantial progress has been made since 2002. Some new initiatives have been launched in the health sector including National Hepatitis Control Programme; National Mother and Child Health Care; Maternal and Neonatal Health Services; Prevention of Blindness; Integrated Management of Childhood Illnesses; and the National Nutrition Programme, including micronutrient malnutrition through fortifications, supplementation and diversification. The infant mortality rate and under-five mortality rate are showing exponential decline. In addition, to address malaria, which affects about half a million people each year, Pakistan became the member of the Global Partnership to Roll Back Malaria in 1999 and a Roll Back Malaria project was launched in Pakistan in 2001. The National Drinking Water Policy is also an important step in the health sector, as it provides a framework for addressing the key issues and challenges facing Pakistan in the provision of safe drinking water to 93 per cent of the population by 2015.
Presentation of Report
IMTIAZ KAZI, Secretary of the Ministry of Social Welfare and Special Education of Pakistan, presenting Pakistan's third and fourth consolidated report on the implementation of the Convention on the Rights of the Child, said the report had been prepared under the supervision of a high-level multisectoral National Steering Committee comprising relevant line ministries, provincial governments, non-governmental organizations and United Nations agencies. Additional and updated information on specific issues raised by the Committee had also been timely forwarded to the Committee.
On the legislation and policy side, since its last report, Pakistan had crossed a number of milestones to bring its laws and policies in conformity with the Convention, Mr. Kazi noted. The Child Protection (Criminal Laws Amendment) bill, 2009; the National Commission on the Rights of Children Bill, 2009; and the National Child Protection Policy had been prepared in consultation with stakeholders and submitted to the Cabinet for approval. The approval was expected next month, after which the bills would be presented before the Parliament. By promulgating the Child Protection bill, a child-friendly and protective environment would be created. The perpetrators would be brought to justice under various sections inserted in the Penal Code and the Code of Criminal Procedure. The number of crimes against children was expected to decrease as the bill called for harsher penalties for offences against children. Child pornography and sexual abuse had been defined and criminalized with severe penalties. It also defined and criminalized internal trafficking in children in Pakistan.
The Federal Government was also supporting the Charter of Child Rights Bill, 2009, in Parliament, which had been drafted in the light of the provisions of the Convention, Mr. Kazi said. The provincial governments were also in the process of setting up child protection systems in accordance with the Convention.
Among other protection laws of relevance were the Criminal Law Amendment Act, 2004, which criminalized offences committed in the name or on the pretext of "honour and the Domestic Violence against Women and Children (Prevention and Protection) Bill, 2009. Furthermore, Mr. Kazi said, the consultation process had been completed with regard to ratification of the Optional Protocols to the Convention on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography. Consensus had been achieved and the legal review was under way.
Turning to education, Mr. Kazi observed that Pakistan, like many other developing countries, faced challenges in improving its education sector and the performance, over the years, remained somewhat deficient in access, quality and relevance. In addition, the emergence and continued presence of parallel systems of education – i.e. public, private and madrassah education –apparently violated the principles of uniformity of educational provisions. To address those challenges, efforts were being made to blend those systems with the national education system in the form of a common curricula and standards. The Prime Minister of Pakistan had committed to raise expenditure on education from the present 2.5 per cent to 4 per cent, and gradually to 7 per cent by 2015. That commitment had been reflected in the National Education Policy, 2009. Despite colossal challenges, primary enrolment had risen from 15.093 million in 2003 to 17.233 million in 2008 – a 14 per cent increase – and dropouts had been brought down from 50 per cent in 2003 to 35 per cent in 2008.
Mr. Kazi pointed out that Pakistan ranked 136 out of 177 countries on the Human Development Index. The country was classified as low income, with 84.6 per cent of its population earning less than $2 a day. In spite of that, the Government had intensified efforts with a focus on maternal and child health to achieve the set targets in Millennium Development Goal four (reduce child mortality). The interventions included control of childhood tuberculosis, malaria and the six vaccine-preventable diseases, in addition to the control of blindness and prevention of parent-to-child transmission of HIV/AIDS. Among noteworthy progress during the past decade, there had been a slight increase in the proportion of 1-year-old children immunized against measles – which had risen to 60 per cent; a significant reduction in the maternal mortality ration; and a doubling in the proportion of births attended by skilled health personnel – to 40 per cent. With regard to vaccinations, the Government had developed a strong communication strategy, focusing on the gaps in previous campaigns. The strategy focused on achieving polio eradication, attaining 95 per cent measles campaign coverage, and strengthening routine immunization.
In order to protect the rights of people living with HIV, a bill on HIV, 2009, had been formulated and would be sent to the Cabinet shortly, Mr. Kazi added.
In the area of protection, the Government had set up a Child Complaint Cell in the Federal Ombudsman's Secretariat to redress children's grievances, and Child Complaint Cells were being established at the provincial level as well. The Child Protection Management Information System had been established in the National Commission for Child Welfare and Development with financial and technical support from the United Nations Children's Fund (UNICEF). The system covered areas of child protection such as child sexual exploitation, juvenile justice, child trafficking, family and alternative care and violence against children.
Mr. Kazi highlighted that Pakistan was also implementing the National Policy and Plan of Action to Combat Child Labour since 2000, which aimed at progressive elimination of child labour, the immediate withdrawal of children from the worst forms of child labour; preventing entry of under-age children into the labour market through universalization of primary education and family empowerment; and rehabilitation of working children through non-formal education, pre-vocational training and skills development. The Government had also made a lot of efforts to create an enabling environment for the elimination of child labour through raising awareness among the stakeholders and masses, improving legislation, mobilizing resources for child labour programmes and institution-building. Child Labour Units had been established at the federal and provincial levels to run and monitor the child labour programme in the country. And, recently, the National Time Bound Programme for the Elimination of the Worst Forms of Child Labour, 2008-2016, had been devised.
Addressing the root cause of many problems facing children – namely, poverty – the Government had initiated the Benazir Income Support Programme, with an initial allocation of 34 billion rupees (approximately $425 million) for 2008-2009. The Programme aimed at covering around 15 per cent of the population, which constituted 40 per cent of the population below the poverty line. The Pakistan Bait-ul-Mal was also making a significant contribution towards poverty reduction through its various poorest-of-the-poor-focused services by providing assistance to destitute, widowed, orphaned, invalid, infirm and other needy persons irrespective of their gender, caste, creed or religion. The Government had also approved a pilot project of Conditional Cash Transfer in the Child Support Programme, which would offer additional cash transfers to ultra poor families inducing them to send their children in the 5-to-12-age bracket to school, Mr. Kazi said.
In addition, the Government had recently approved an insurance scheme providing coverage to children with multiple disabilities or who were severely disabled. Under that scheme, the Government would pay a premium for such children who, after a few years, would receive a reasonable monthly stipend for their basic needs including hiring an attendant.
Finally, Mr. Kazi said it was important to note that Pakistan was a front line State in the war against terrorism. That entailed a great loss of precious lives and damage to basic services and infrastructure. The estimated cost of the "War on Terror" to Pakistan was in the billions of dollars. In that regard, a rehabilitation centre had been established to look after the young men who were victims of this war, with a team of specialist doctors dedicated to that purpose. To supplement those efforts, the Government had established the Benazir Bhutto Shaheed Trust with initial seed money of $100 million for education and rehabilitation of the children affected by terrorism and law enforcement operations.
Questions by Committee Experts
SUSANA VILLARAN DE LA PUENTE, the Committee Expert serving as Rapporteur for the report of Pakistan, observed that Pakistan had suffered humanitarian emergencies owing to natural disasters, terrorism, conflict and wars. That had an impact on the enjoyment of the rights of the child, and represented a huge challenge for Pakistan in implementing its obligations under the Convention. For that reason, the efforts made by Pakistan were to be particularly lauded, including its work to ratify the Optional Protocols, and the new laws to further child protection. Also welcome was that Pakistan had made primary education compulsory and its efforts to implement that policy, as well as its efforts to reduce the drop out rate, and efforts to achieve the Millennium Development Goals.
Issues of prime concern that would be discussed today included abuse and neglect of girls and boys; deaths of children, in particular street children, who were often subject to violence; deficiencies in the birth registration system; effective and comprehensive protection of refugee children; the application of anti-terrorism laws to minors, which had been reported by many sources; and health issues.
Ms. Villaran looked forward to a number of the things the delegation had talked about, in particular the promulgation of comprehensive social policies for children; providing real budgets that would be allocated to fund the programmes that enabled Pakistan to protect children; and having a proper, integrated system for the protection of children, based on a framework law.
LOTHAR KRAPPMANN, the Committee Expert serving as co-Rapporteur for the report of Pakistan, asked to what extent the concluding observations issued by the Committee in 2003 on Pakistan's previous report had been implemented?
It was striking how often the report recorded that a law, a policy, a programme was "being considered", "is planned", was "under way", "has been sent to the Cabinet", or "has been drafted". Mr. Krappmann wondered if those would be realized within a year? Observing the slow process of adoption and operationalization, the question arose whether the implementation of children's rights was allocated to a sufficiently influential level of government, vested with the authority and equipped with the human and financial resources necessary to achieve the progress children were waiting for.
For the purpose of coordination, the National Commission for Child Welfare and Development had been established in 1980. However, looking at the website of that body, Mr. Krappmann had found under the heading "latest news" that the Prime Minister had approved the plan of action for the rehabilitation of the most vulnerable populations in earthquake-affected areas in May 2006. And when he called up that action plan, he found that it was not even an action plan, but a draft action plan. In that connection, more information was requested on the work done by the National Commission since 2006 and on its mandate, function and working capacity. Moreover, the budget for the National Commission for 2005-2006 was only $47,000 – a negligible sum. The budgets for coordinating the action plan and drafting the report just presented were, with regard to Pakistan's 70 million children, "almost nothing".
In addition, the Committee was informed in the report and the replies that the National Commission for Child Welfare and Development would be replaced by a National Commission on the Rights of Children, to be established by a pending bill. Mr. Krappmann was concerned to know whether the status and capacity of that body would demonstrate a qualitative leap compared with the present situation.
Regarding monitoring, while there were numerous bodies and policies yet to be established or operationalized, what was happening about data collection in the meantime, Mr. Krappmann wondered?
On child protection, Mr. Krappmann understood that the Child Protection (Criminal Amendment) Bill was a new version of a previously mentioned Child Protection Bill, and he was concerned that its new name indicated a reduction in the wide-ranging protections planned for the first bill – limited now to criminal acts. While it was urgent to criminalize child rights violations, it was hoped that the protection law would protect children and care for their recovery, as well as promoting prevention.
Other Experts then raised a series of questions pertaining to, among other things, how many children's clubs there were in the country; concern that the Benazir Income Support Programme did not target children, and specifically the girl child; large disparities between children's ability to enjoy their rights in the different provinces, in particular with regard to health and education; disparities in legal provisions across the country as regarded children, and with regard to statutory and customary law; what access children had to complaints mechanisms; whether the Federal Child Complaint Cell, as well as the provincial cells, mentioned today had been set up yet; a lack of progress regarding birth registrations, which remained low; whether there was actually specific legislation providing for compulsory education, or that was merely a policy; and how the Government proposed to implement its intention to almost double the budget for children's education.
The situation of girls was raised by several Experts as an area of particular concern. Looking at most indicators, there was a very skewed picture that emerged, an Expert said. Under two mortality was much higher for girls than for boys; immunization rates for girls were lower; and there were low enrolments rates for girls, though that varied between provinces. Other issues related to the girl child were early marriages and the ability of girls to be heard and have access to settlement mechanisms to dispute such issues. In that connection, what had happened to the request made by the Committee on the Elimination of Discrimination against Women that Pakistan make a Constitutional amendment to guarantee non-discrimination against women and girls? Experts also raised concerns about trafficking in children for purposes of sexual exploitation and honour killings, and how the Government was combating those phenomena, which affected girls particularly.
Response by the Delegation
Responding to questions, the delegation said that, with regard to the legislation that was currently being implemented, Pakistan had a federal system. It sometimes took time to create a consensus to build ownership so that there were fewer problems encountered in the implementation phase. They also worked with non-governmental organizations in building consensus. It therefore sometimes took longer to reach a final stage of a draft law.
However, a number of measures had been implemented and adopted, the delegation highlighted. For example, in 2006, International Labour Organization Convention No. 138 on the minimum age for employment had been implemented. On early and forced marriages, they had adopted a law. To universalize primary education, three of the provinces had promulgated laws. In Punjab, the law on the destitute and needy children had been adopted in 2004. Similarly, many laws had been extended in the last five to six years in the Federally Administered Tribal Areas. However, there were many very serious and comprehensive bills now before the Parliament regarding children.
Regarding concerns that children's protection activities were solely criminal law-centred, the delegation explained that the Child Protection (Criminal Law Amendment) Act would provide for strengthened legal protections for children in a number of areas. For example, in common law, it was a defence that a parent used "reasonable force".
Moreover, in addition to the criminal law amendments, the bill on the National Commission on Child Protection, once adopted, would elevate the status of the prior National Commission for Child Welfare and Development to Parliamentary status. It would have a coordinating function; it would coordinate between the federal and provincial level; it would have the power to introduce legislation; it would deal with statistics and data collection; and it would have some inquiry and fact-finding powers and research duties. The new body would be empowered to make changes in the education system to ensure children's rights. Therefore it could not be said that Pakistan was taking just a law-centred approach to child protection, the delegation underscored.
The bill on the National Commission also contained an exhaustive definition of the scope of child protection, looking at the jurisprudence of the Committee. Among others, it included the right to be protected from abuse, harm or threat of harm; and dealt with the welfare, well-being and safety of the child; the emotional needs and environment of the child; the right to be brought up in a family environment; the child's right to be heard; the child's religious and spiritual views; and the effect on the child on delays in decision-making regarding them.
Of Pakistan's roughly 70 million children, only 2,000 were in the juvenile justice system, which was a low percentage, the delegation noted. They were working to ensure that all judicial officers and all judges and law enforcement personnel received training in children's rights. They had separated juvenile and adult detainees, although they had not been able to provide completely separate jails for each group in all cases. A central jail training institute trained jail personnel on children's rights and issues, and that work was being carried out in the provinces as well.
In criminal matters, children in conflict with the law were treated in a mediation procedure. The best interests of the child were always considered.
On the right of the child to be heard, there was a children's parliament, the delegation said. There were also student councils, elected by the children. There was a very strong Boy Scout movement, for children under 18. About half a million girls were involved in the Girl Guides and it was hoped to extend those clubs to the district level.
In cases where provincial laws conflicted with the federal law, federal law prevailed under the Constitution, the delegation said. The fact was most major law and policy was made at the federal level, but the implementing legislation was done at the provincial level. There was no provision for the provinces to say no to federal law. Also, it should be borne in mind that certain provinces were more advanced than the federal Government in terms of their legislation. In the Federally Administered Tribal Areas, which had been for a long time under a separate legal regime, it was necessary to promulgate laws that contained specific language providing that it covered those areas.
As an example, three of four provinces had promulgated laws for compulsory primary education, the delegation said. The Federally Administered Tribal Areas had their own legislation. With regard to the exception, Balochistan, the federal Government was working to convince the provincial government there to implement compulsory education, but implementing legislation was in their hands.
Early marriages were the subject of a bill before Parliament, which raised the legal age of marriage for girls and made it the same as for boys and that bill enjoyed wide support. Regarding forced marriages or exchange marriages (as part of mediation disputes), in 2006, the exchange marriage practice was criminalized. Similarly, with honour killing, the defence had been grave provocation. They had now done away with that defence of "grave provocation" for murder in Pakistan.
There was a conflict of opinion with regard to the marriage age of girls in Pakistan, the delegation agreed. While traditional law was no longer considered with regard to marriage, Sharia law and statutory law was applicable. However, under Sharia law the age of marriage for girls was puberty, whereas under national law it was not. They were working to raise awareness on this issue and build consensus.
Further Questions by Experts
During a second round of questions, LOTHAR KRAPPMANN, the Committee Expert serving as co-Rapporteur for the report of Pakistan, said that he had the impression that it would be a catastrophe if all children in Pakistan decided to go to school. The school system was not prepared for expanded primary and secondary education: there were not enough schools; not enough teachers; books were unavailable; and certain sectors were underdeveloped: such as early childhood education and pre-vocational training. How would Pakistan establish the infrastructure needed?
Violence was also a priority issue. In its replies, Pakistan had provided an update on initiatives to combat violence and the report had announced that the Child Protection Bill would work to eliminate violence. However, Mr. Krappmann hoped that that would not be done solely through criminalization, but through educating parents. There was a need for a fundamental shift in thinking to prevent violence against children in Pakistan, and he wondered how the Government would go about making that happen.
SUSANA VILLARAN DE LA PUENTE, the Committee Expert serving as Rapporteur for the report of Pakistan, noted that corporal punishment was still permitted and asked what would be done to ensure that corporal punishment of children was prohibited in all settings.
Other Experts then asked further questions on topics including the special vulnerability of refugee and asylum-seeking children, including to recruitment by extremist groups, and what was being done to protect them; protections for child witnesses; whether alternative care for children was regulated in line with the Convention; whether the best interests of the child were taken into consideration in deciding to place a children in care; whether they worked to ensure the family bond was kept even for children placed in care; and what support was provided to single mothers.
Other concerns raised by Experts included what measures had been taken to ensure that disabled children living at home had access to health, education and other social services; what assistance was provided to families of disabled children; what the new basic health package would do specifically for children; why the expanded immunization programme was not achieving its targets, and what could be done to improve that; stagnant levels of malnutrition among young children and efforts to combat that; what efforts were being taken to promote breastfeeding; and a rise in drug abuse by children, especially among street children, and what treatment and rehabilitation facilities existed for them. With regard to the juvenile justice system, the current age for criminal responsibility was seven years, and it was asked when the planned increase to 12 years would come into effect. In addition, could the delegation clarify if the planned legal aid teams for children had been set up; whether alternative sentences to deprivation of liberty were available for children in conflict with the law; and concern that low incidence of child sexual exploitation was owing to a lack of effective monitoring mechanisms and a lack of an effective support structure for victims.
Response by the Delegation
Responding to questions about Pakistan's capacity to deliver universal primary education at this time, the delegation emphasized that Pakistan was gradually moving towards the goal of universal primary education. They had been building the numbers year by year, with a target of 86 per cent enrolment by 2015.
Although there was no legal provision, the policy was that that corporal punishment would not be resorted to in the school setting. Moreover, the delegation pointed out that in the new Child Protection Bill before the Cabinet, corporal punishment would be abolished.
Regarding the issue of the war against terror and the children who had been educated by Taliban schools, the delegation emphasized that those children had attended Taliban schools merely to get an education and because they provided food and other benefits, and not for ideological reasons. To date, the 40 to 50 children that had been recovered from the Taliban were now being cared for in a camp, as already mentioned. They had reports that there were still something like 100 children in Taliban schools, which was not much. Those numbers kept coming out as the Taliban were pushed back. The Government had made arrangements for their psychological treatment and other care.
Also, it was important to remember that many children in the North West Frontier Province, where this war was going on, had lost their parents. Here, it was important to realize the strong tribal and family ties in this region. Of the many displaced, 80 per cent were staying with relatives, not in camps. Thus, a large number of the children who had lost their parents were staying with their relatives, or had been adopted by family members under the Kafalah system. For the very small number that remained, the State had made provisions, placing them in orphanages and making them available for adoption. In Pakistan, there was a long list of couples waiting to adopt a child.
There was no death penalty for minors in Pakistan. It had never really been used, but it had been formally abolished in 2000. The delegation also categorically stated that there simply was no law that allowed for the stoning to death of minors, as had been alleged.
The Ombudsman's Office had the Child Protection Cells, empowered to hear complaints. Till recently, the complaints received had not been of a serious nature. They were things such as children complaining that they had not been able to get into the school of their choice, despite having worked hard. But perhaps that was because it was a new institution and needed to grow roots.
Jammu and Kashmir did not have constitutional status in Pakistan. That was owing to international questions, which left the status of those areas in dispute. However, through a mechanism the laws of Pakistan were extended in practice, so those areas did not remain uncovered.
It was true that it was not possible to nearly double the Government expenditure on education from 2.5 to 4 per cent and then to 7 per cent, the delegation agreed. That would be done over six years' time.
Birth registration at present stood at just 30 per cent. To combat that low rate, a number of measures had been taken, including simplifying the registration process. In two provinces – Balochistan and Punjab – special registration campaigns had been launched and 100 per cent registration should be reached in the next couple of years there. The Government was also making a birth certificate a requirement for receiving services, such as education, thus providing an incentive for registration.
The law mandated that juveniles should receive legal aid. While there might be some problems in implementing that law, in practice the delegation said they had not seen any case of a child who had not received legal aid. It was true that the amounts provided for children were less than for adults, so they might not be able to get the best lawyers – "fat cats" – but they were able to get a lawyer.
As for alternative sentencing for convicted juveniles, Pakistan did not have a community service provision, but it did allow for probation, the delegation said.
Addressing a number of questions about the Hadood law, which allowed for stoning in certain crimes committed by married persons, the delegation said that the Hadood did not apply to minors. In any case, since 1979, no single case had been brought under that law in Pakistan, not to speak of children being prosecuted under it.
Turning to health issues, the delegation noted that the Maternal and Child Health Programme was entering a new expansion phase, 2009 to 2012. It offered training in newborn and obstetric emergency care to health professionals. It also had a longstanding Lady Health Worker Programme, which had recently been expanded both in terms of geographical scope and the number of workers. That programme had almost reached its target of providing universal coverage by helping 1.21 million persons. There were 100,000 lady health workers providing coverage in 100 districts. The programme included vaccination, breastfeeding counselling, and improved nutrition of mother and child. There was also a pilot "sprinkle" project in four districts to combat iron deficiency in children, which had provided supplements to some 90,000 children so far.
With regard to gender disparity in health care, the delegation noted that there was a gender-based communication strategy that was going to be implemented as part of the Child Health Care Plan to 2012 to encourage the immunization, the nutrition and health care services for both male and female children.
On the big question of madrassah education, the delegation pointed out that madrassahs were traditionally places of learning the Koran on the sub-Continent and had been there for centuries. It should be remembered that not all madrassahs were breeding grounds for extremists, and also that they were educating 1.3 million children. They could not simply be gotten rid of overnight. One measure had been to disallow, since 2005, any foreign students from coming to study at the madrassahs. The Government had also tried to streamline their curricula, and madrassahs had been asked to include six modern subjects such as computers, social science and mathematics. Recently, the Government had gotten approval of the National Education Policy, which provided for the National Madrassah Authority. Comprised of members of a number of ministries, the Authority provided funding and ensured that all madrassahs would be able to enhance and improve their services, and would provide training for children, including sports training, and advice and facilities.
Clarifying the funding for madrassahs, the delegation said they were mainly community financed. The Government was providing some funding to allow for the introduction of the six new required subjects, to provide for teachers, textbooks, computers and other equipment, including recreational equipment. As a condition for the provision of grants, the madrassahs had to register with the Government.
Further Questions by Experts
In a final round of questions, Experts asked about educational facilities for children in conflict areas; alternatives for girl dropouts; the situation of bonded labour in Pakistan; what was being done to de-mine areas such as in the Swat Valley; whether madrassahs were required to provide peace education; provisions for rehabilitation and reintegration of child victims; reports of extensive sexual abuse against boys, in particular in rural areas; the situation of camel jockey children; and whether Pakistan, as the world's largest host of refugees, was considering ratifying the 1951 Refugee Convention, as well as the Convention on the Reduction of Statelessness. A further concern was that the Committee had received reports of children being recruited by non-State actors.
Answers by the Delegation
Before the civilian population was allowed to return to the Swat Valley the army had carried out a comprehensive demining operation, the delegation confirmed.
The Jirga system, or committee of elders, that still existed in tribal areas, was not recognized under the law. Therefore in a province like Sindh, where Jirgas were held, cases were brought against them and some Jirga members could go to jail. The system was not encouraged and was not lawful.
The point about the madrassahs and peace education was well taken.
The issue of child camel jockeys had been relevant a few years back, but had been dealt with. It was now a closed issue. The Government of the United Arab Emirates had paid compensation and it was no longer an issue.
Pakistan did not have a separate law on refugees, the delegation confirmed. There had been certain suggestions that national laws could be amended to benefit refugees, but no other reforms were contemplated.
Concerning bonded labour, the Codes of Pakistan in this area were very protective and stringent. Moreover, in the last five or six years, district vigilance committees had been formed, comprised of members of society, members of the bar, and the government. That was especially important in the provinces of Punjab and Sindh, where the problem was most prevalent. The media and civil society were very active on this issue – making it impossible to have any false sequestration and get away from it. The Government had a fund to provide for rehabilitation of victims of bonded labour.
The Anti-Terrorism Law of 1997, which envisaged the death penalty for certain acts, did not have any distinction between minors and adults and a child could have been prosecuted under that law, the delegation said. However, a subsequent law, promulgated in 2002, provided a prohibition against the death penalty for minors. It was held that the 1997 law had to be read in light of the subsequent law, and therefore the death penalty could not be applied to minors under any law in Pakistan.
It was believed there were some 34,000 street children in Pakistan. With regard to programmes, UNICEF together with the provincial governments were implementing programmes for such children, but they did not cover all their needs. That was why the National Commission for Child Development was carrying out a $30-million project across the country to look after the needs of such children. For out of school children, the Government had established authorities to provide technical and vocational education, and offered free-of-charge courses for them to develop their skills.
An assessment on children affected by armed conflict and children involved in armed conflict was currently being carried out by the provincial government in cooperation with UNICEF, the delegation said. In addition to the rehabilitation centre already mentioned, it was planned to open child protection centres in areas affected by armed conflict.
Regarding refugee children, they had educational and health facilities in the camps and centres, but there was no special provision for them outside of the camps. However, there were no bars to their entering the public education system if they were outside the centres. A standard educational curriculum had been established for those institutes, just as had been done for the madrassahs.
Preliminary Concluding Observations
LOTHAR KRAPPMANN, the Committee Expert serving as co-Rapporteur for the report of Pakistan, in preliminary concluding observations, said that the delegation had provided very useful information during the course of the two meetings. It was striking that so many activities had taken place in recent months in Pakistan. When he had read two weeks ago that the Child Protection Bill had been sent to the Parliament, he had hoped that it would have been approved by now – that would have given a high note to their meeting today.
Mr. Krappmann hoped that the plans discussed today would all come to a good end. Child rights in Pakistan had clearly made a qualitative leap. What was needed now was the adoption of the planned laws, programmes and plans. What was also needed was the implementation of those laws, programmes and action plans. One conclusion from today's meetings was that there was indeed an implementation gap. Implementing infrastructure was needed, and of course also a budget. The budget was needed not just for education and health programmes. The budget was needed also for the core body responsible for organizing the implementation of those new laws – the National Commission for Child Welfare and Development. It was a great concern that that core implementing body did not have the funds required.
One of the major facts of life for children in Pakistan was the armed conflict that was ongoing today. Children were recruited by armed groups and they were affected by the threat of armed violence. They had to flee, and many lived in camps or environments other than those which they were used to. The Committee's wish was for peace for the children of Pakistan and everyone living there.
For use of the information media; not an official record
CRC09032E