The Universal Periodic Review of Pakistan New phase of implementation: 2012 to 2017

The Universal Periodic Review "has great potential to promote and protect human rights in the darkest corners of the world.‖ – Ban Ki-moon, UN Secretary-General

The Child Rights Movement (CRM) Pakistan

Contents 1. Introduction: Background and acknowledgement 1.1 What is the UPR system? 2. Pakistan UPR outcome document: Report of the Working Group on the Universal Periodic 2.1 Introduction 2.1.1. Summary of the proceedings of the review process A. Presentation by the State under review B. Interactive dialogue and responses by the State under review 3. Conclusions and/or recommendations Annex 1: CRM‘s joint Stakeholder Report to the UPR Annex 2: Summary of the stakeholders report to the UPR being prepared by the OHCHR Annex 3: List of stakeholders/CSOs submitted the report to the UPR process Annex 4: Composition of Pakistan‘s delegation for UPR on October 30, 2012 Annex 5: Letter to the Federal Minister for Foreign Affairs Annex 6: Sample letter to the Ambassadors by the CRM Annex 7: CRM Member Organizations and other NGOs

Annex 8: Consultations with children for the UPR.

Compiled by: Abdullah Khoso, Coordinator CRG Save the Children Designed by: Farah Naz

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Introduction: background and acknowledgment On October 30, 2012, after four and half years, second time in the second cycle, Pakistan‘s Universal Periodic Review (UPR) was done by the Working Group in the Human Rights Council in Geneva. The Minister for Foreign Affairs, Ms Hina Rabbani Khar represented Pakistan with the delegation of 14 members (please see annex 4) and responded to recommendations along with questions by the member States about the state of human rights including, child, women, labour and minority rights. Most of the responses were based on the National Report Pakistan submitted to the Office of High Commissioner of Human Rights (OHCHR).1 In 2012, the UPR process was facilitated by the Troika of China, Chile and Congo and in 2008 it was by Saudi Arabia, Ghana and Azerbaijan. As per para 6 of the resolution (A/HRC/RES/16/21), in the second cycle of the UPR, Pakistan had to focus on the implementation of the accepted recommendations and the developments of the human rights situation in the country.2 In comparison to the first UPR of Pakistan (2008), the second UPR (2012) was widely discussed and debated across the country and the world. There were 22 individuals and 15 joint submissions including a joint submission by the Child Rights Movement (CRM) Pakistan in April 2012. There was poor follow up by civil society organizations (CSOs) on the implementation of the recommendations in the first UPR of Pakistan but as the second UPR of Pakistan approached the CSOs, they started understanding the process and its importance. Joint submission by the CRM on the State of Child Rights in Pakistan was first of its unique and successful experience which was the result of collective efforts and support by member organizations. The report was prepared in light of new HRC new guidelines for the Stakeholder reports Initially a draft report was prepared by the CRM Pakistan and shared with CRM provincial chapters in Punjab, Balochistan and Khyber Pakhtunkhwa and then through consultations with civil society organizations in Sindh3, Gilgit-Baltistan and Azad Jammu and Kashmir in February and March 2012. In addition, three children‘s consultations were organized with 33 children (19 girls and 14 boys from 10-17 years old) from Islamabad, Vehari (rural Punjab) and Thatta (poorest part of coastal areas of Sindh province). After the submission in April 2012, the CRM followed on the UPR advocacy plan. Letters were sent to 10 embassies in Islamabad, who had given child rights specific recommendations to Pakistan during the first UPR and to those who were supporting child rights programmes in Pakistan including the Netherlands, Chile, Turkey, Indonesia, Norway, Belgium, France, Canada and the British High Commission. The Ambassadors were requested to meet with the CRM delegation and discussed the state of child rights in Pakistan and Embassies‘ role in taking up children‘s issues in Pakistan‘s UPR in October 2012. In addition, through consultative process a

1 Pakistan‘s National Report is accessible at http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G12/157/18/PDF/G1215718.pdf?OpenElement 2 By October 2011, the HRC completed its work related to the first cycle of the UPR but before it the HRC adopted a resolution (A/HRC/RES/16/21)2 of new modalities for the functioning of the HRC which said that the focus of the second and subsequent cycles of the review will focus on the implementation of the accepted recommendations and the developments of the human rights situation in the State under Review. It also said that States should clearly communicate to the Council, in a written format preferably prior to the Council plenary, its positions on all received recommendations. In addition, it said that States are encouraged to provide the Council, on a voluntary basis, with a midterm update on follow-up to accepted recommendations. 3 At the time of drafting the stakeholder report, the CRM Sindh chapter had not been established.

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summary of the CRM stakeholder report was prepared and dispatched along with all letters. In response to letters, the embassy of Netherlands and the Canadian High Commission responded with whom meetings were held. Also a five minute oral statement was prepared for the UPR-Info pre-session which took place on 30th August in Geneva. In October 2012, the CRM‘s two member delegation visited Geneva and held meetings with the officials from various embassies/missions4. The best result of those meetings was that most of the issues being highlighted by the delegation were taken up by the member States of the HRC and they gave child rights specific recommendations to Pakistan. The delegation attended Pakistan‘s UPR session as well as took active part in side events and highlighted children specific issues and the importance of follow up. Meetings were also held with various officials working with OHCHR in Geneva. Following the adoption of the Pakistan‘s report by the Working Group in November 2012, the CRM and its member organizations wrote a letter (please see annex 5) to the then Minister for Foreign Affairs requesting for the acceptance of all child rights specific recommendations. The CRM chapters organized provincial conferences on the UPR in Lahore and Quetta and shared the draft report of the Working Group of the HRC. The Provincial chapters also issued press releases and sent letters to then the Minister for Foreign Affairs for accepting children specific recommendations. On 28th November 2012, on behalf of the CRM, Jakob Harbo (from Save the Children) delivered key points from the CRM‘s report to the European Parliament‘s Sub Committee on Human Rights' exchange of views on Pakistan. On March 14th 2013, in the 22nd HRC Session Pakistan‘s report was considered and adopted. On this occasion, the CRM requested Marist International and Franciscans International to include children specific issues in their oral statement for the day. The report adopted by the Working Group (also known as outcome document) contains details of recommendations accepted, noted and rejected by Pakistan. Pakistan received 166 recommendations by various States during its review. The Government of Pakistan out rightly rejected one recommendation and agreed to respond on remaining 165. Following the adoption of the UPR report on Pakistan by the working group on 2nd November 2012, the Foreign Office sent all 165 recommendations to all concerned departments for consideration and response. In the 22nd session of the HRC, during the adoption of the UPR report, Pakistan in its statement said that out of 165 recommendations, 126 enjoy the support of the Government of Pakistan. The statement said that of the 126 recommendations, 73 have either already been implemented or are in the process of implementation. Of the total 165 recommendations, 34 have been noted which means these ―recommendations have not been rejected as such, but the due process of consultations on them has not been completed on time.‖5 Therefore, Pakistan in the 22nd session said that it will continue deliberations on noted recommendations. There were also seven other

4 Uruguay, Slovakia, Saudi Arabia, the United Kingdom, Mexico, Germany, Turkey, Sweden, Austria, France, Italy, the United States of America 5 http://www.upr-info.org/IMG/pdf/pakistan_plenary_statement_2013.pdf

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recommendations that Pakistan did not accept which pertained to the repeal of blasphemy laws and the abolition of the death penalty. In paragraph 12, Pakistan‘s statement in the said session, says that ―We recognize the fact that no country can embark upon the path to prosperity without ensuring universal education to its future generation. Therefore, Pakistan enacted the Free and Compulsory Education Act 2012 in December last to provide free and compulsory education to all children‖. After the lapse of more than four months, Pakistan has not notified the date of its enforcement. As far as child rights are concerned, there were 52 direct and indirect recommendations; of the total 52 recommendations, 42 recommendations very directly addressing children rights issues. There were 4 recommendations for the ratification of 2nd (Children in Armed Conflict) and 3rd (Complaints Mechanism) Optional Protocols to the CRC; these four recommendations are noted by Pakistan. There was one recommendation on the Charters of Child Rights Bill, which as Pakistan accepted. There were total three recommendations on child labour; two of those demanded to ban child labour for under 14 and ban child domestic labour; both of these were noted by Pakistan. Nine recommendations were related to child protection issues including trafficking, child marriages, sexual violence and exploitation; all had been accepted and one has been noted; there are thirteen recommendations

related to health and education; all of these were accepted. Two recommendations were about discrimination against specific groups of children; of which, one was accepted and the other which recommended that Pakistan to repeal discriminatory laws against women and girls was noted. Two recommendations were about programmes and measures to combat recruitment of children by armed groups; both were accepted. There were seven general recommendations on child rights (including vulnerable groups, minorities and women); all of which were accepted. There were also nine general recommendations on health, education and MDGs; all were accepted. Only one recommendation was related to the implementation of bonded labour laws, policies and plans; which was accepted. Many countries gave generic recommendations which are being repeated by many countries; follow up of those generic recommendations is a little difficult task. Generally Pakistan has accepted all those recommendations which are generic but has noted or rejected most of those which are specific. Civil society organizations may ask governments/countries to be specific in recommendations so that it could be easier for Pakistan (States) to implement these and will also enable follow up by civil society organizations. The Way forward This is the time for all CSOs especially for the CRM Pakistan and its member organizations to proactively participate in the implementation of the UPR recommendations and push national and provincial governments in this regard. The UPR process is evolving indeed but it offers the best opportunity for child rights organizations to ensure that rights of children are central to the government of Pakistan. This document will help the civil society in Pakistan in general and the CRM in particular to understand the UPR process

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and disseminate messages and recommendations in it for generating a sense of responsibility in both among the state and civil society organizations. The purpose of this compiled document is to provide information to the state and civil society organizations about the UPR process, its outcome and possible interventions by the state and non-state actors. The CRM will continue to disseminate the results of the UPR report through various means including press releases, meetings with stakeholders, letters to concerned federal and provincial government officials etc. The CRM has prepared a matrix of action plan for the implementation of the recommendations. In addition, the CRM will follow-up with the relevant embassies in Pakistan for follow up on the implementation of the recommendations. This is hoped, and to some extent has been proven, that the UPR mechanism will put pressure on the State and its departments for complying with the Human Rights treaties and systems. The UPR has and will continue to add value to improving the state of human rights in Pakistan including the rights of the child. Acknowledgment: The CRM appreciate staff members with Save the Children Geneva Office as well as Plan International, World Vision, Care International, for their continuous support and guidance from the very first day of sharing the CRM‘s Stakeholder UPR report with the CRM chapters and then in all advocacy initiatives. In specific, their role in organizing meetings with officials from various embassies and UN officials in Geneva was very important and worth of appreciation. By Coordinator Child Rights Movement Pakistan

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What is the UPR System? The Universal Periodic Review (UPR) is distinctive state-driven cooperative process and mechanism of the Human Rights Council (HRC) which started in April 2008, aiming at improving the human rights situation in each of the 193 United Nations‘ Member countries. The UPR is a historic opportunity for strengthening the promotion and protection of human rights.6 The UPR ―provides the opportunity to each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfill their human rights obligations… the UPR is designed to ensure equal treatment for every country when their human rights situations are assessed.‖7 Almost all of the U.N. Member countries regardless of their size, wealth, or military or political importance is examined through a common mechanism of the UPR. The review of the state is based on ―objective and reliable information.‖8 On 15th March 2006 the UN General Assembly through resolution 60/251 had created the innovative UPR mechanism which paved the way for the establishment of the HRC. The UPR is the sole universal mechanism of its kind that ―reminds States of their responsibility to fully respect and implement all human rights and fundamental freedoms. The ultimate aim of this mechanism is to improve the human rights situation in all countries and address human rights violations wherever they occur.‖ 9

6 Human Rights Watch at http://www.hrw.org/news/2006/06/27/universal-periodic-review-

mechanism 7 Office of the High Commissioner of Human Rights at http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx 8 Human Rights Watch at http://www.hrw.org/news/2006/06/27/universal-periodic-review-

mechanism 9 Office of the High Commissioner of Human Rights at http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx

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2. Pakistan UPR outcome document: Report of the Working Group in the Universal Periodic Review10 2.1. Introduction 1. The Working Group on the Universal Periodic Review (UPR), established in accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its fourteenth session from 22 October to 5 November 2012. The review of Pakistan was held at the 11th meeting, on 30 October 2012. The delegation of Pakistan was headed by Hina Rabbani Khar, Minister for Foreign Affairs. At its 17th meeting, held on 2 November 2012, the Working Group adopted the report on Pakistan. 2. On 3 May 2012, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Pakistan: Chile, China and Congo. 3. In accordance with paragraph 15 of the annex to resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents were issued for the review of Pakistan: (a) A national report submitted/written presentation made in accordance with paragraph 15 (a) (A/HRC/WG.6/14/PAK/1); (b) A compilation prepared by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/14/PAK/2 and Corr.1); (c) A summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/14/PAK/3). 4. A list of questions prepared in advance by Czech Republic, Denmark, Germany, Ireland, Mexico, Norway, Netherlands, Slovenia, Spain, Sweden and the United Kingdom of Great Britain and Northern Ireland was transmitted to Pakistan through the troika. 2.1.1. Summary of the proceedings of the review process A. Presentation by the State under review 5. The Minister reminded the Working Group that Pakistan was a founding member of the Human Rights Council and during its prior tenure on the Human Rights Council, from 2006-2011, it played an active role in its work and a constructive role in building convergences between the West and the Islamic world on the most contentious and challenging issues in the Council. Pakistan welcomed the engagement with the international community through an open and constructive dialogue on its human rights record and took this review exercise as an important opportunity to share with the international community the efforts that it is making for the promotion and protection of human rights. 6. The Minister stated that the UPR had been a catalyst for Pakistan to bring positive changes in legislation, policy and practice. Following the completion of its first UPR, a process of consultation and dissemination of information was launched. Recommendations that were accepted in 2008 were shared with the relevant Government departments for follow-up. 7. The Minister underlined that Pakistan was a democratic, pluralistic and progressive State in the comity of nations. Pakistanis aspire to a society based on equality, the rule of law, respect for

10 This outcome document was launched and adopted by the Working Group of the HRC. This outcome document is being produced without any changes except changes in numbering in some areas.

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diversity, and justice. Pakistan‘s Constitution reflected all these aspirations and Pakistan was committed to fulfilling these aspirations despite numerous challenges and setbacks faced in its 65-year history. Following restoration of democracy in 2008, Pakistan had taken a number of steps to restore the democratic nature of State institutions. 8. The Minister highlighted that Pakistan was a functional democracy with an elected and sovereign parliament, an independent judiciary, a free media and a vibrant and robust civil society. The media, besides aggressively monitoring Government policies, worked zealously to raise awareness among the people of their human rights and fundamental freedoms. Civil society played a key role in fostering a culture of accountability and transparency and assisted in changing societal attitudes. Similarly, an independent judiciary and legal community had taken wide-ranging steps to uphold the rule of law and ensure the protection of constitutional rights of all citizens. 9. The Minister stated that the human rights record of any country could not be assessed in a vacuum as one needs to study the situation on the ground in its proper context. The reporting period (2008 to 2012) had been one of the most challenging in recent times. Pakistan continued to face enormous challenges on different fronts, ranging from security and terrorism to the economy, apart from natural calamities. 10. The Minister said that during the last four years, there had been transformational changes in Pakistan‘s constitutional and legislative framework. Parliament had passed three constitutional amendments as part of an overarching compact between the country‘s major political parties to engender long-term democratic values in the country, after the trauma of repeated military interventions. The right to education, the right to information and the right to a fair trial were now recognized as fundamental rights, which could not be suspended. The restored federal system empowered the provinces, and invested much more richly in the notion of the democratic significance of the State‘s ability to engage at the grassroots level. 11. The Minister highlighted that the years 2008 to 2012 had been the most active period of legislating on human rights in the history of Pakistan. A number of bills were passed by the Parliament to strengthen human rights in the country, including more than half a dozen laws for the promotion of women‘s rights. In May 2012, Pakistan enacted a new law creating an independent National Commission for Human Rights in accordance with Paris Principles. Moreover, some long overdue changes were made to administrative governance in the Federally Administered Tribal Areas (FATA). Following amendments to the colonial-era Frontier Crimes Regulation (FCR) in 2011, the arbitrary powers of the local administration to make arrests and detain individuals were curtailed and prisoners given the right to bail. Furthermore, in 2011 the Political Parties Order 2002 was extended to FATA. 12. The Minister stated that, since the last review, Pakistan had ratified a number of international human rights instruments including the International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture (CAT) and the Convention on the Rights of Persons with Disabilities (CRPD). Pakistan had now ratified seven out of nine core international human rights treaties and was focusing on implementing these instruments at the national level. An inter-ministerial process had been set up to coordinate implementation and to prepare reports for the treaty bodies.

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13. The Minister stated that in the spirit of dialogue, Pakistan extended invitations to a number of members of the Human Rights Council to visit Pakistan. The High Commissioner visited Pakistan in June 2012 at the invitation of the Government. The visit provided her an opportunity to observe first-hand the wide-ranging measures taken by Pakistan in promotion and protection of human rights. The Special Rapporteur on the independence of judges and lawyers visited Pakistan from 19 to 29 May 2012, while the Working Group on Enforced or Involuntary Disappearances visited Pakistan from 10 to 20 September 2012. Pakistan has also extended an invitation to Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. 14. The Minister stressed that in the past 10 years; terrorism and extremism have endangered national security and the social fabric and violated the human rights of citizens. Pakistan has made extraordinary efforts and sacrifices to eradicate the scourge of terrorism and build a peaceful and stable region. No country and no people had suffered more in the epic struggle against terrorism than Pakistan. To date Pakistan had lost nearly 7,000 soldiers and policemen, and over 40,000 people in total. The total cost of this struggle to Pakistan‘s economy over the last decade had been nearly US$ 70 billion. Despite these barbaric acts and gigantic losses, Pakistan‘s commitment and resolve to combat the scourge of terrorism remained unwavering. 15. The Minister stressed that drone strikes and resulting civilian casualties were counter-productive, against international law and a violation of Pakistan‘s sovereignty. She urged the Council to discuss comprehensively the human rights challenges linked to the drone strikes. 16. The Minister said that Pakistan‘s counter-terrorism response was in compliance with the obligations under international law. Counter-terrorism operations were conducted on specific intelligence with all precautions to avoid civilian causalities. Any complaints against law enforcement officials were taken seriously by their respective departments, Parliament and the courts. 17. The Minister stated that for centuries Pakistan hosted various religions whose followers had lived in peace and harmony. She said that the minorities were an integral part of Pakistani society and had played an important role in the development, peace and prosperity of the country. The Constitution guaranteed the rights of minorities to freely profess their religion and visit their places of worship. Extremists were targeting the vast majority of Muslims who were moderate and did not subscribe to their extremist agenda. In this connection, Pakistan had lost many bold voices advocating tolerance and respect. 18. The Minister stated that Pakistan attached importance to the promotion and protection of the right to freedom of opinion and expression. Following the restoration of democracy in 2008, all curbs against the media were lifted. Over 100 television channels and many more radio stations and newspapers regularly highlighted political, social and human rights issues and led the national debate on issues of public importance. 19. The Minister said that Pakistan hosted one of the world‘s largest refugee populations, of over 3 million people, for more than 30 years. Despite drastic reduction in international assistance, Pakistan continued to host the refugees in the spirit of traditional hospitality. 20. The massive floods and rains of 2010 and 2011 caused dislocation of 2.6 million people. Extremist threats and the ensuing law-enforcement action in Swat and parts of FATA also resulted

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in dislocation of a section of the local population. The National Disaster Management Authority and the Provincial Disaster Management authorities established to provide emergency assistance and relief during natural calamities have fully integrated human rights and gender-sensitive training in their activities. 21. The catastrophic floods affected around 20 million people and caused immense damage to infrastructure. Energy shortfall also increased exponentially in the last few years. These developments adversely impacted the economic strength of the country, its ability to finance projects in the social sector and had slowed Pakistan‘s progress in achieving MDGs. 22. The Minister reported that, despite economic constraints, efforts have been made to improve social-economic conditions of the citizens. In the 18th Amendment to the Constitution of Pakistan, the subjects of health, education, housing, social welfare, women‘s development, local government, and water and sanitation have been devolved to the provinces. Under the new formula, provinces will receive 57 per cent of federal resources. 23. In 2008, the Benazir Income Support Programme (BISP) was introduced to supplement the existing network and to provide immediate relief to low-income families enabling them to absorb the shock of rising prices of food and fuel. Since then, BISP had evolved into the country‘s main social safety net and benefitted more than 6 million families and provides health and life insurance, micro-credit and technical and vocational training. Women are its prime beneficiaries. 24. On women‘s rights the Minister reported that the Government had taken a number of legal, institutional and administrative initiatives for the advancement of women. This series of legislation included the Prevention of Anti-Women Practices (Criminal Law Amendment) Act 2011, the Acid Control and Acid Crime Prevention Bill 2010, the Domestic Violence (Prevention and Protection) Bill and laws on sexual harassment. Political and economic empowerment of women was among the top priorities, with 33 per cent seats reserved for women in local government, 17 per cent in the National Assembly and Provincial Assemblies and 12 per cent in the Senate. The Government had also reserved 10 per cent quota for women in Central Superior Services across the board in the public sector. B. Interactive dialogue and responses by the State under review 25. During the interactive dialogue, 85 delegations made statements. Recommendations made during the dialogue are to be found in section II of the present report. 26. South Africa welcomed the enactment of the law creating an independent National Human Rights Commission in May 2012. It commended efforts to fight the challenge of terrorism and to improve the socio-economic condition of citizens. It made recommendations. 27. Spain thanked Pakistan for its participation in the universal periodic review exercise, and commitment in the work of the Human Rights Council. It congratulated Pakistan for the de facto moratorium since 2009 on the application of the death penalty. It made recommendations. 28. Sri Lanka commended the enactment of several laws to strengthen women‘s rights and to combat violence against women. It highlighted the significance of the enactment of a new law creating an independent National Commission for Human Rights. It made recommendations.

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29. The Sudan commended achievements in the implementation of UPR recommendations. It noted that Pakistan had highlighted challenges it faced, particularly violence and terrorist operations and bomb attacks and external drone attacks affecting many victims. Sudan asked about the legal basis for the use of drone strikes which had an impact on human rights. 30. Sweden expressed appreciation for the adoption of a number of laws and steps taken to protect women and girls from violence and discrimination. It welcomed the Government‘s condemnation of the attack against the activist Malala Yosufzai. It made recommendations. 31. Switzerland congratulated the ratification of CAT, as recommended during Pakistan‘s first-cycle review. It welcomed that most of the national reservations formulated upon ratification had now been lifted. It made recommendations. 32. Thailand commended the ratification of the Optional Protocol to the Convention on the Rights of the Child, the enactment of new laws and administrative measures as well as the establishment of the National Commission for Human Rights. It also encouraged close collaboration with the international community regarding refugees. It made recommendations. 33. Tunisia noted progress in the promotion and protection of human rights, the constitutional reform, strengthening the independence of judiciary and the creation of the National Human Rights Commission. It praised Pakistan for its hospitality and generosity to refugees, and for combatting terrorism. It made recommendations. 34. Turkey commended the establishment of an independent Human Rights Commission. It welcomed amendments to the Constitution which resulted in the removal of anti-democratic practices introduced by military rulers. It made recommendations. 35. Turkmenistan noted with appreciation the ratification of ICCPR, CAT, and the CRPD and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OP-CRC-SC). It made recommendations. 36. Uganda expressed appreciation on the ratification of several conventions such as ICCPR, CAT, CRPD and OP-CRC-SC. It commended the legislative reforms and its fight against terrorism. It made recommendations. 37. United Arab Emirates appreciated Pakistan‘s efforts to protect economic and social rights, reduction of poverty, and improve education by making available financial and human resources for literacy programmes. It asked about the role of the National Committee for child development and education. It made a recommendation. 38. The United Kingdom of Great Britain and Northern Ireland would welcome Pakistan‘s view of the impact of blasphemy laws and referred to the recent case of Rimsha Masih. It encouraged Pakistan to consider adopting an official moratorium on the death penalty. It also referred to protection and political participation of women minority groups. It made recommendations. 39. The United States of America commended Pakistan for passing strong laws to protect women and the establishment of a National Human Rights Commission. It expressed serious concerns

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about the human rights situation in Baluchistan and also the violence against Shia, Christian and Ahmadi communities. It made recommendations. 40. Uruguay commended Pakistan for the approval of the 18th Constitutional Amendment and the creation of the National Commission for Human Rights. Uruguay expressed concern about the forced recruitment and military training of children by non-State agents, as well as for more than 8,000 prisoners on death row. It made recommendations. 41. Uzbekistan outlined the Constitution‘s amendments to strengthen democratic institutions, and to ensure greater autonomy for regional authorities. It referred to the challenges faced in the fight against terrorism and to specific programmes for youth in this context. 42. The Bolivarian Republic of Venezuela praised Pakistan for efforts to address challenges, particularly in the areas of the human rights of women, children, health, education, poverty and social exclusion, notwithstanding its economic limitations and natural disasters. It made recommendations. 43. Viet Nam commended the progress made in poverty reduction, social welfare and the health system. It noted the strengthening of the rule of law, the reform of the legal system, the empowerment of institutions for a better protection of human rights. It made a recommendation. 44. Zimbabwe noted the ratification of the majority of the core international instruments. It highlighted the establishment of a number of institutional and legislative measures such as the Ministry of Human Rights and the National Human Rights Commission. It made recommendations. 45. Algeria noted Pakistan‘s commitment to the adoption of important laws for the protection of women. It considered that development, security and human rights were interlinked. It appreciated measures to fight terrorists and extremists, and noted the constraints as a developing country. It made recommendations. 46. Argentina commended Pakistan for the creation of a National Human Rights Commission and for having ratified a number of international human rights instruments. It made recommendations. 47. Australia commended the implementation of legislation such as the Acid Control Bill and the Anti-Women‘s Practices Bill. It expressed concern about the human rights defenders who became target of life-threatening violence. It made recommendations. 48. Austria requested information on the implementation of the laws against acid attacks on women and sexual harassment. It also inquired about measures taken to prevent other extremists‘ violence against women and girls as well as to curb extremists‘ violence against minorities. It made recommendations. 49. Azerbaijan noted Pakistan‘s accession to core human rights instruments. Azerbaijan expressed appreciation for the establishment of an independent National Commission for Human Rights in accordance with the Paris Principles. It made recommendations.

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50. Bahrain appreciated the positive steps taken in the implementation of recommendations, and paid tribute to the adoption of laws to protect women rights. It noted the establishment of federal investigation agencies to combat trafficking and to protect victims, while Bahrain was seeking more information in this area. It made a recommendation. 51. Bangladesh called on the international community to extend its assistance and cooperation. It noted the ratification of almost all the major human rights treaties by Pakistan and invitations to a large number of special procedures to visit the country. 52. Belarus highlighted the Government‘s efforts to improve national legislation and to strengthen policies and institutions. It regretted the persistent practice of bounded labour and corporal punishment of children. It made recommendations. 53. Belgium recognized positive efforts such as the de facto moratorium on the death penalty but expressed concern over forced disappearances and extrajudicial executions. It asked about concrete measures to address violence against women. It made recommendations. 54. Bhutan noted with appreciation the establishment of a National Human Rights Commission, the ratification of a number of international human rights treaties, and the legislative framework to protect the most vulnerable groups. It made recommendations. 55. The Plurinational State of Bolivia commended Pakistan for the ratification of core international human rights instruments. It appreciated progress made in enacting a number of laws to eradicate the conditions that impede the enjoyment of the human rights of women. It made a recommendation. 56. Brazil commended the ―de facto‖ moratorium on the death penalty during the past four years. It welcomed the ratification of seven of the core international human rights treaties, including ICCPR and CAT. It made recommendations. 57. Brunei Darussalam welcomed Pakistan‘s efforts to protect the rights of women and empower them in the area of economic development through various legislative measures. It appreciated its leadership role as member of the Organization for Islamic Cooperation (OIC). It made recommendations. 58. Cambodia welcomed the ratification of many international treaties, encouraging Pakistan to incorporate them into legislation for their effective implementation. It also welcomed the adoption of the Protection of Women Act. It made recommendations. 59. Canada recalled its 2008 recommendations on amending legislation, including the Penal Code, for removing restrictions on freedom of religion which discriminates against persons belonging to minorities, and to permit the Ahmadis‘ imprisonment for preaching their beliefs. Canada enquired about progress made on the subject. It made recommendations. 60. Chad noted that after its first UPR in 2008, political prisoners were released, civil liberties were restored and judicial prosecutions against lawyers and human rights defenders were dropped. It noted that certain traditional adverse practices remained, namely, acid attacks and sexual harassment. It made recommendations.

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61. China noted the legislative and administrative measures to advance the rights of women and children, to strengthen education and public health systems and promote harmony of different religious groups. It made a recommendation. 62. The Democratic Republic of Congo mentioned the recent judicial and institutional reforms. It highlighted the ratification of seven core international human rights instruments and the invitation extended to three special-procedures mandate holders. 63. The Czech Republic welcomed accession by Pakistan to ICCPR and CAT and other international human rights treaties. It made recommendations. 64. Costa Rica highlighted the ratification of international human rights instruments and the creation and strengthening of the commissions for the promotion and protection of human rights, encouraging Pakistan to continue along this avenue. It made recommendations. 65. Cuba praised Pakistan‘s numerous achievements in promoting human rights. It noted Pakistan‘s leadership role as a representative of developing countries in the Human Rights Council and expressed the hope that it will be elected as a Council member. It made a recommendation. 66. The Democratic People‘s Republic of Korea commended Pakistan for creating an enabling environment for the promotion of human rights, such as independent judiciary, free media and a vibrant civil society. It made recommendations. 67. Denmark acknowledged the Government‘s commitment to freedom of religion but expressed concern about continued reports of violent persecutions, discrimination and forced conversion aimed at marginalized groups such as women, ethnic and religious minorities. It referred to the legal ambiguity whereby secular laws might be subject to sharia law. It made recommendations. 68. Djibouti was encouraged by efforts to establish a human rights infrastructure in line with international standards, including constitutional amendments to strengthen the National Election Commission to ensure independence and impartiality. It made recommendations. 69. Ecuador acknowledged the constitutional reforms and improvements of the judiciary and of the National Commission on Women. It encouraged the prompt establishment of the National Human Rights Commission, and ratification of two international human rights instruments. It welcomed Pakistan‘s cooperation with United Nations bodies. It made recommendations. 70. The Adviser to the Prime Minister on Human Rights responded to questions by clarifying the role of the National Human Rights Commission and its resources. The Commission will, inter alia, monitor the general human rights situation in the country; inquire into complaints of human rights violations; visit places of detention; review laws and recommend new legislation; and develop a national plan of action for the promotion and protection of human rights. The Adviser said that in order to ensure independence of the Commission, it has been made fully financially autonomous. 71. The Adviser on National Harmony stated that everyone was free to practise their faith and religion, as stated by the founder of Pakistan. He said that there was no organized intolerance toward religious minorities in Pakistan. Most cases of excess against members of minority

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communities were on account of personal animosities. He said that any violation of the rights of minorities had always been condemned by religious and political leaders. The Adviser said that the extremists were targeting not just the minorities but also the vast majority of Muslims who were moderate and did not subscribe to their extremist agenda. 72. On the issue of blasphemy, the Adviser said that there was a misunderstanding that this law was used to target only minorities. The majority of cases registered under this section had been against Muslims. The Government had taken measures to prevent possible misuse or abuse of the blasphemy law. An independent judiciary, free media and vibrant civil society also provided an effective safeguard against any misuse of the blasphemy law. 73. The Chairman, National Assembly Standing Committee on Human Rights, said that Pakistan strongly believed in the freedom of the press. Journalists were often targeted by extremists and terrorists and faced hurdles in performing their functions due to the very nature of their work. However, all cases of intimidation got immediate media attention and were duly addressed by the Government, the Parliament and the judiciary. 74. A delegation member said that poverty was a daunting challenge as it posed a major hurdle in the realization of the people‘s potential. Pakistan had a fairly elaborate network of direct and indirect social-protection mechanisms that included employment-based guarantees, direct transfers and market-based interventions. 75. Pakistan had made efforts to create an enabling environment for the elimination of child labour through raising awareness among stakeholders and the masses, improvement in legislation, mobilizing resources for child-labour programmes and institution-building. Child Labour Units have been established at the federal and provincial levels to exclusively run and monitor child labour interventions programmes throughout the country. 76. Egypt noted the recent constitutional amendment and welcomed the establishment of a human rights commission, and measures to strengthen the National Commission on Status of Women. It enquired about the incorporation of ratified international human rights treaties. It shared concerns over impacts of extremism and intolerance. It made recommendations. 77. France welcomed the moratorium on executions, the adoption of legislation strengthening women‘s rights and the visit undertaken by the Working Group on Disappearances. It remained concerned about persistent enforced disappearances, acts of religious intolerance, child labour and violence against women and girls. It made recommendations. 78. Germany was concerned about the remaining challenges in improving Pakistan‘s human rights situation, including protecting religious minorities and other excluded groups. It thanked Pakistan for clarifying how the Blasphemy Law was implemented. Germany made recommendations. 79. Holy See welcomed steps taken to promote and protect human rights. It remained concerned about the cases of Asia Bibi and Rimsha Masih, accused under the Blasphemy Law, but noted the President‘s intervention in clarifying the facts. It made recommendations.

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80. Hungary welcomed the Government‘s strong stand against the brutal attack on Malala Yousafzai. It asked how the Government would ensure the right to freedom of expression, given its positions on national security, religious morality and blasphemy. It made recommendations. 81. Indonesia welcomed the ratification of key international human rights instruments since 2008. It expressed appreciation for measures adopted in social security and poverty alleviation. It made recommendations. 82. The Islamic Republic of Iran praised Pakistan‘s efforts to enhance the socio-economic situation of its citizens and increase respect for human rights. It praised the progress made in improving the living conditions of the people. It made recommendations. 83. Iraq welcomed the release of political prisoners, the protection of freedoms and lifting control over media and the measures targeting lawyers and rights defenders. It commended the constitutional amendment, and appreciated the adoption of legislation to protect human rights. It made recommendations. 84. Ireland commended Pakistan on the creation of a national human rights institution in accordance with the Paris Principles. It was concerned at reports of discriminatory teaching practices and the country-wide prevalence of bonded labour. It made recommendations. 85. Italy welcomed the authorities‘ condemnation of the attack on Malala Yousafzai, the ratification of important human rights treaties and the moratorium on executions. It urged Pakistan to remain committed to internal and international dialogue on human rights. It made recommendations. 86. Japan was concerned at reports of forced marriages, domestic violence, acid attacks on women, ―honour killings‖ and low literacy rates among women and girls. It commended the appointment of women to high-level government posts. It made recommendations. 87. Jordan noted sincere and on-going efforts to promote and protect human rights and fundamental freedoms, and to strengthen the institutional framework for the protection of human rights, such as establishment of the Ministry for Human Rights and the Election Commission. It made recommendations. 88. Kazakhstan supported Pakistan‘s efforts to counter terrorism and safeguard security. It highlighted Pakistan‘s role as coordinator of the OIC Group in Geneva and its active participation in the United Nations human rights mechanisms as one of the Muslim Ummah countries. 89. Kuwait noted the development on human rights in the last four years and the measures and the political will to cooperate with Human Rights Council, despite challenges. It made recommendations. 90. Kyrgyzstan welcomed the establishment of a human rights institution and efforts to increase female numbers in public and political life. It encouraged implementation of a monitoring and reporting mechanism to eliminate discrimination and violence against women. It made a recommendation.

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91. Latvia noted that, while Pakistan had made efforts to improve its cooperation with United Nations special procedures, a number of requests by the special procedures mandate holders to visit Pakistan had not yet been accepted. Latvia made recommendations. 92. Lebanon appreciated Pakistan‘s policy to promote human rights, pluralism, justice and the rule of law. Pakistan had been affected by conflict and natural disaster and refugees flow. It appreciated legislative reforms for promotion of economic and social development of women. It made recommendations. 93. Libya welcomed developments on implementation of recommendations, the establishment of NHRI, and efforts to protect human rights, particularly the constitutional amendment on administration and financial autonomy for the Federal Provinces. It made recommendations. 94. Malaysia welcomed progress made in promoting and protecting human rights through the strengthening of the legislative framework. It applauded advances in the areas of judicial independence, gender equality and the rights of individuals and vulnerable groups. It made recommendations. 95. Maldives welcomed constitutional amendments to strengthen the democratic process and protect human rights. It noted reforms to the judicial-appointment process to help guarantee an independent judiciary and maintain the rule of law. It made recommendations. 96. Mauritania expressed appreciation for the establishment of National Human Rights Commission and efforts to implement the previous recommendations. It welcomed the adoption of a law to promote and to protect women‘s rights, and the formulation of an economic and social strategy for women. It made recommendations. 97. Mexico recognized the progress achieved since the first UPR cycle, particularly the ratification of international human rights instruments, and the creation of the National Human Rights Commission and adoption of recent laws to combat violence against women. It made recommendations. 98. Mongolia noted achievements in cooperating with international and regional human rights monitoring mechanisms, strengthening capacity to combat terrorism and extremism, and to promote and protect human rights. It welcomed new legislation and a commitment to ratifying international human rights instruments. 99. Morocco congratulated Pakistan for the adoption of a law to establish a commission on the status of women and the ratification of the Convention on the Rights of Persons with Disabilities. It inquired about measures being considered to bring laws at the provincial level in line with International Labour Organization standards. 100. Myanmar acknowledged key initiatives on human rights taken since 2008, including the ratification of several major international human rights instruments. It commended Pakistan on the enactment of legislation to promote and protect women‘s rights. Maynmar made recommendations. 101. Namibia commended efforts to promote and protect human rights, including constitutional amendments to advance civil, political and social rights, ratification of international human rights

Page | 17

instruments, and participation in the Human Rights Council and establishing a human rights institution. It made recommendations. 102. Nepal welcomed efforts to promote and protect human rights through institutional and legislative measures, to increase female political participation and adopt legal and administrative measures to protect women. It noted encouraging endeavours to address socio-economic challenges. It made recommendations. 103. The Netherlands noted Pakistan‘s positive attitude towards United Nations mechanisms, as displayed in the visit of the Working Group on Disappearances. It expressed concern about gender-based discrimination, for example the disparity between men and women in literacy rates. It made recommendations. 104. Nicaragua noted the institutional transformations, including the Human Rights Ministry. It welcomed the progress made, encouraging Pakistan to continue on the path of democracy and rule of law. Nicaragua made recommendations. 105. Norway welcomed efforts to enshrine fundamental human rights in domestic legislation, but was concerned about laws limiting religious freedom for minorities and about attacks on religious minorities. It was also concerned about attacks on journalists by security forces. Norway made recommendations. 106. Oman commended efforts in preparing the report and the consultation that presented the spirit of cooperation with the human rights mechanisms. It valued the ratification of the ICCPR, CAT, CRPD, and its Optional Protocol to the CRC. Oman made recommendations. 107. Palestine commended efforts to implement the UPR recommendations and the ratification of the CAT, CRPD and OP-CRC-SC, in addition to enacting legislation to strengthen the role of women in society and the steps taken to empower the National Commission on women and children. Palestine made recommendations. 108. The Philippines welcomed the establishment of the Ministry of Human Rights and the National Commission for Human Rights in accordance with the Paris Principles. It called for international support for Pakistan in shouldering the burden of foreign refugees. It made recommendations. 109. Qatar highlighted efforts made to strengthen human rights and fundamental freedoms despite challenges. It appreciated the progress made, especially the establishment of NHRC. It also valued the ratification of the CRPD and the OP-CRC-SC. It made recommendations. 110. The Republic of Korea welcomed efforts to implement the recommendations made during the first UPR cycle and endeavors to ratify the ICCPR, CAT, CRPD and the OP-CRC-SC. It made recommendations. 111. The Russian Federation welcomed the ratification of international human rights instruments, stating that the task ahead would be to bring domestic legislation into line with its international obligations. It called upon Pakistan to continue efforts to combat terrorism and religious extremism. It made a recommendation.

Page | 18

112. Senegal commended the progress made in improving access to water and sanitation, and the establishment of institutions and mechanisms to protect civil liberties and children‘s rights, including setting up a child-protection data collection system. It made recommendations. 113. Singapore noted the challenges faced from terrorism, including how to de-radicalize young people and protect them from the influence of extremist elements. It noted educational and reintegration programmes introduced for children recovered from militants or extremists. It made recommendations. 114. Slovakia noted the adoption of the National Commission for Human Rights Bill and new legislation to protect women and girls from violence. It commended Pakistan on the steps taken to restore the independence of the judiciary. It made recommendations. 115. Saudi Arabia underlined Pakistan‘s positive interaction with human rights mechanism. It noted efforts to protect and promote human rights through structural and legal reforms, including the law that allows free and compulsory education for all children. It made recommendations. 116. Slovenia welcomed measures to improve labour rights, integrate a gender perspective in policies and programmes and advance women‘s rights. Despite these measures, women continued to face inequalities and discrimination. It welcomed the ratification of international human rights instruments. Slovenia made recommendations. 117. The Minister thanked the delegations for acknowledging the achievements made by Pakistan in the field of human rights. The Minister highlighted the active role of the Pakistani media in exposing the cases that were usually highlighted by international media. 118. The Minister stated that women had played an active and crucial role in politics and society throughout our history. She said that the Government was fully aware of the challenges faced by women in their daily lives and it had taken a number of legal and institutional measures to protect them against harassment, violence and discrimination and to improve their access to education and health. 119. The Adviser on Human Rights said that the issue of enforced disappearances and missing persons had been at the forefront of the national debate in Pakistan. Ongoing proactive judicial and institutionalized efforts reflected the commitment of the Government to address this issue comprehensively. The Working Group has also clarified numerous cases of alleged disappearances pertaining to Pakistan in its recent sessions. 120. The Minister said that the Government was fully aware of the challenges in the realm of human rights; however, he assured that these challenges were not due to discriminatory Government policies or lack of commitment to protect and uphold human rights. The Minister said that the Government and people of Pakistan remained fully committed to democracy, freedom, justice and the rule of law. 121. Finally, the Minister thanked all delegations for the constructive participation, and assured that Pakistan would give serious consideration to all the comments and recommendations that had been

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made. She thanked the secretariat for the support to this process and the troika for the UPR process. 3. Conclusions and/or recommendations11 122. The following recommendations were examined by Pakistan and provide responses in the 22nd session of the Human Rights Council in March 2013. The response of Pakistan to these recommendations was included in the outcome report adopted by the Human Rights Council at its 22nd session in March 2013.

Recommendation/s Status

122.1. Ratify the International Convention for the Protection of All Persons from Enforced Disappearance (CPED), the Rome Statute of the International Criminal Court (ICC), the Optional Protocol to CEDAW, the Optional Protocol to the Convention on the Rights of Persons with Disabilities (OP-CRPD) and the Optional Protocol to CRC on the involvement of children in armed conflict (OP-CRC-AC) (Spain);

Noted

122.2. Ratify the Optional Protocols to CRC, on involvement of children in armed conflict (Iraq);

Noted

122.3. Ratify the Optional Protocol of the Convention on the Elimination of All Forms of Discrimination Against Women (Uruguay);

Noted

122.4. Ratify the Second Optional Protocol of the International Covenant on Civil and Political Rights (Uruguay);

Noted

122.5. Ratify the OP-CAT (Brazil)/ Accede to the OP-CAT and to establish its national preventive mechanism accordingly (Czech Republic);

Noted

122.6. Ratify or accede to the Rome Statute of the ICC, the International Convention for the Protection of All Persons from Enforced Disappearance (CPED), the Optional Protocol to CRC on the involvement of children in armed conflict (OP-CRC-AC) (Uruguay);

Noted

122.7. Ratify the Rome Statute of the ICC, the 1951 Refugees Convention and its 1967 Protocol, as well as the Conventions on statelessness (Austria)/ Accede to the Convention relating to the Status of Refugees (Republic of Korea);

Noted

122.8. Take all appropriate steps to accede to the Rome Statute (Sweden)/ Ratify the Rome Statute of the International Criminal Court (Maldives)/ Accede to the Rome Statute of the International Criminal Court, including its Agreement on Privileges and Immunities (Slovakia)/ Ratify the Rome Statute of the International Criminal Court and fully align its national legislation with the provisions thereof (Hungary)/ Ratify the Rome Statute of the International Criminal Court and to fully align its legislation with all the obligations under the Rome Statute including incorporating the Rome Statute

Noted

11 Conclusions and recommendations have not been edited.

Page | 20

definition of crimes and general principles, as well as adopting provisions enabling cooperation with the Court (Latvia);

122.9. Ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Indonesia);

Noted

122.10. Consider ratification of the third OP to CRC on a communication procedure (Slovakia)/Consider ratifying other international human rights instruments to which it is not a party yet (Nicaragua)/ Study the possibility of ratifying the International Convention for the Protection of All Persons from Enforced Disappearance (Argentina)/ Reconsider ratifying the International Convention for the Protection of All Persons from Enforced Disappearance (Mexico);

Noted

122.11. Consider ratifying the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OP-CAT) and the Rome Statute of the International Criminal Court (Costa Rica)/ Consider the possibility of ratifying the Optional Protocol to the CAT and the Rome Statute (Tunisia);

Noted

122.12. Consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Their Families as well as the ILO Convention 189 (Philippines)/ Consider ratifying the Palermo Protocol on human trafficking (Philippines);

Noted

122.13. Withdraw remaining reservations to the ICCPR and the Convention against Torture and take immediate steps to incorporate both treaties into domestic legislation (Norway)/ Withdraw the remaining reservations to the ICCPR and the CAT (Switzerland)/ Withdraw the remaining reservations to ICCPR and to CAT (Slovenia)/ Consider removing the reservations made to the ICCPR to ensure gender equality and women‘s empowerment (Maldives);

Noted

122.14. Ensure equal political participation and withdraw reservations to articles 3 and 25 of the ICCPR as these reservations remain critical to ensure equality rights of women and men and equal opportunities (United Kingdom of Great Britain and Northern Ireland);

Noted

122.15. Continue stepping up efforts in the area of combating trafficking in persons, including considering acceding to the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and invite the Special Reporters on trafficking in persons, especially women and children (Belarus);

Noted

122.16. Continue developing the institutional framework with respect to the promotion and protection of human rights (Jordan);

Accepted

122.17. Continue its ongoing review of national laws to ensure that they are in line with its international human rights law obligations (Turkmenistan)/Review of all relevant legislation and procedures to ensure systematic incorporation of international human rights obligations and their implementation on all levels of the government (Czech Republic)/Align its national legislation with the ratified international human rights treaties (Slovenia)/Continue working on the harmonization of its legislative domestic framework with the international human rights instruments to which it is a party (Nicaragua);

Accepted

122.18. Promote the review of national legal provisions in the area of human rights, including constitutional provisions, to bring them into line with international standards (Mexico);

Accepted

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122.19. Repeal all provisions providing for mandatory death sentences with a view to abolishing them (Italy);

Rejected

122.20. Specifically criminalize enforced disappearances in the penal code and reinforce the capacities of the Pakistanis Inquiry Commission on Enforced Disappearances in order that the Commission can fully carry out its mission (France);

Accepted

122.21. Enact a provincial legislation on domestic violence as well as an increased number of support structures for women on the provincial level (Sweden);

Accepted

122.22. Promote the repeal of all legal and administrative provisions remaining, which discriminate against women and girls (Mexico);

Noted

122.23. Sustain the positive momentum in upgrading its laws and institutions, in particular in the areas of the rights of women and children (Myanmar);

Accepted

122.24. Expedite the adoption of the Charter of Child Rights Bill (Bhutan); Accepted

122.25. Adopt the Bill on Anti-Domestic Violence at the earliest possible (Maldives); Accepted

122.26. Continue strengthening and enhancing women rights through the enactment of relevant necessary laws while providing the necessary administrative and institutional mechanisms (Palestine);

Accepted

122.27. Review and align the legislation with freedom of religion and belief and freedom of expression, as stipulated in the ICCPR (Sweden);

Accepted

122.28. Ensure that blasphemy laws and their implementation are in line with international law (Switzerland)/Enact legislation ensuring freedom of religion and belief for all religious groups and consider abolishing the so-called blasphemy laws (Austria)/Repeal or reform thoroughly the so-called blasphemy law (Netherlands);

Noted

122.29. Continue adopting measures in the framework of freedom of expression as the new legislation on freedom of expression was passed (Lebanon);

Accepted

122.30. Derogate the law on blasphemy guaranteeing in practice the right to freedom of religion (Spain);

Rejected

122.31. Modify or repeal the blasphemy laws in order to bring them in line with the principles related to freedom of thought, conscience and religion, and in particular with its obligations under the ICCPR (Belgium);

Noted

122.32. Repeal discriminatory blasphemy laws against religious minorities and ensure that there is no impunity for those who commit hate crimes (Namibia)/Repeal the blasphemy law and respect and guarantee freedoms of religion or belief and of expression and opinion for all, including Ahmadis, Hindus and Christians (France);

Noted (partially)

122.33. Repeal the blasphemy law, or at least amend it to protect persons from eventual abuses or false accusations and lighten corresponding penalties, that are currently disproportional (Holy See);

Noted

122.34. Share its expertise in developing a Special Child‘s Rights Charter with other countries and continue its efforts in cooperation with international groups to advance this initiative (United Arab Emirates);

Accepted

122.35. Continue strengthening the legislation for the elimination of all forms of discrimination against women (Uruguay);

Accepted

122.36. Continue to strengthen its domestic legislative, institutional and administrative machinery to fight challenges such as poverty, illiteracy, gender disparity and social inequality (Zimbabwe);

Accepted

122.37. Decriminalize adultery and non-marital consensual sex and to ensure punishment for all perpetrators of this violence and calls to it including members and leaders of jirgas (Czech Republic);

Rejected

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122.38. Amend discriminatory laws and vigilantly counter discrimination against marginalized groups, including women and girls, ethnic and religious minorities and provide a safe and just environment for all citizens in Pakistan (Denmark);

Noted

122.39. Enact efficient legislation to prohibit and prevent the employment of children as domestic workers (Slovakia);

Noted

122.40. Continue its ongoing efforts to advance the rights of women and make similar efforts in the protection and promotion of the rights of children, especially by adopting the relevant legal instruments (Republic of Korea);

Accepted

122.41. Continue to enhance its efforts to protect women, children and other vulnerable groups against discrimination and violence (Singapore);

Accepted

122.42. Continue its efforts to strengthen human rights institutions (Saudi Arabia)/ Continue its efforts for strengthening human rights infrastructure (DPRK)/Continue efforts in strengthening national human rights mechanisms (Nepal);

Accepted

122.43. Strengthen efforts to conclude the formation of the Independent National Commission for Human Rights, and ensure that all human and financial resources are provided to ensure the performance of its tasks effectively and in an independent and transparent manner (Qatar);

Accepted

122.44. Make available the necessary resources to the Human Rights Commission to effectively implement its important mandate (South Africa);

Accepted

122.45. Provide competencies and budget to the recently established institutions for the defense and guarantee of human rights (Spain);

Accepted

122.46. Provide adequate resources to the National Human Rights Commission and appoint independent and credible commissioners (United States of America);

Accepted

122.47. Dedicate sufficient resources to national human rights institutions to enhance their effective functioning and independence (Egypt);

Accepted

122.48. Speedily operationalize the National Commission for Human Rights (Algeria); Accepted

122.49. Further its endeavors with regard to the smooth and productive activity of the National Commission for Human Rights within the country (Azerbaijan);

Accepted

122.50. Continue evaluating its national capacities so as to be in line with the international human rights treaties it has acceded to or ratified (Malaysia);

Accepted

122.51. Effectively implement the recent legislation on strengthening women rights and adequately fund the newly established National Commission on the Status of Women (Germany);

Accepted

122.52. Take steps to continue to strengthen the operation of domestic human rights institutions, including the Human Rights Ministry, National Human Rights Commission and the Commission of the Status of Women (Australia);

Accepted

122.53. Put in place effective monitoring and reporting mechanisms to ensure respect for women‘s rights and to address violence against women in all its forms (Slovenia);

Accepted

122.54. Strengthen measures aimed at providing protection and assistance to vulnerable segments of society, including those children affected by natural disasters to protect them from trafficking and exploitation at work (Libyan Arab Jamahiriya);

Accepted

122.55. Incorporate human rights into public policies and strengthen the human rights institutions (Ecuador);

Accepted

122.56. Develop a national policy for the protection of human rights defenders and bring to justice all perpetrators of attacks on or threats against human rights defenders to combat impunity (Denmark);

Noted

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122.57. Ensure adequate resources in implementing MDGs with priority focus on vulnerable groups such as women and children (Viet Nam);

Accepted

122.58. Continue to prioritize policies aimed at improving the socio-economic condition of its citizens (South Africa);

Accepted

122.59. Continue its policies on improving the rights of the child (Jordan); Accepted

122.60. Develop a clear implementation and monitoring plan for the Bonded Labour System (Abolition) Act, 1992, the Bonded Labour System (Abolition) Rules, 1995 and the National Policy and Plan of Action for the Abolition of Bonded Labour, 2001 (Ireland);

Accepted

122.61. Create mechanisms to protect and support victims of sexual violence or gender violence (Switzerland);

Accepted

122.62. Concentrate on the implementation of the international human rights instruments that have been ratified by Pakistan (Turkmenistan);

Accepted

122.63. Continue providing and improving human rights education and training for judicial and law enforcement officials (Uganda);

Accepted

122.64. Continue providing and improving human rights education and training for judicial and law enforcement officials (Democratic People‘s Republic of Korea);

Accepted

122.65. Enhance its efforts in the area of human rights education, training and awareness for its officials involved in the implementation of the related human rights law and legislation (Malaysia);

Accepted

122.66. Adopt a national plan with provisions to implement the legislations on women‘s rights (Brazil);

Accepted

122.67. Continue advancing in the promotion and protection of women‘s rights, with the consolidation of all institutional mechanisms and the application of the laws being launched (Venezuela (Bolivarian Republic of));

Accepted

122.68. Continue adopting its social policies of access to services on education and health, in particular for women and girls (Venezuela (Bolivarian Republic of));

Accepted

122.69. Consolidate the gains already made in the sphere of human rights through awareness programmes (Zimbabwe);

Accepted

122.70. Maintain its policy of broadening and strengthening international cooperation in the sphere of human rights (Zimbabwe);

Accepted

122.71. Develop a comprehensive strategy to prevent sexual exploitation of children and their cruel treatment and increase criminal liability for these crimes (Belarus);

Accepted

122.72. Continue to develop and enhance programmes to provide education and support to children who have been recovered from militants or extremists, and to help them reintegrate into society (Singapore);

Accepted

122.73. Continue to work by including human rights in general policies and placing people at the core of development (Saudi Arabia);

Accepted

122.74. Continue to design and implement policies and programmes on pro-poor growth, job creation and income generation (Myanmar);

Accepted

122.75. Continue to strengthen democratic institutions and pursue efforts to promote civil society and the media (Mauritania);

Accepted

122.76. Continue to take necessary measures for carrying those reforms taken towards a consolidated democracy rapidly into effect (Turkey);

Accepted

122.77. Continue cooperating with treaty monitoring bodies regarding follow-up and implementation of its treaty obligations (Nicaragua);

Accepted

122.78. Step up its cooperation with the special procedures of the Human Rights Noted

Page | 24

Council by responding positively to the pending visit requests of special procedures mandate holders and eventually consider extending a standing invitation to all the special procedures mandate holders of the Human Rights Council (Latvia);

122.79. Extend a standing invitation to the Special Procedures of the Human Rights Council and accept the competence of the treaty bodies in complaints, inquiry and urgent action procedures (Costa Rica);

Noted

122.80. Continue to provide access to UN Special Procedure mandate-holders who are seeking to help Pakistan to identify and address human rights challenges (Australia);

Noted

122.81. Issue an open invitation to the UN Special Rapporteurs (Belgium)/Extend a standing invitation to all HRC Special Procedures (Hungary)/Issue invitations to the Special Rapporteurs to assess the human rights situation in the country (Iraq)/Consider issuing standing invitation to all special procedures of the Human Rights Council (Norway);

Noted

122.82. Continue its efforts at the level of legislations and implementation in order to protect women rights and empower their emancipation economically and politically (Lebanon);

Accepted

122.83. Continue developing adequate measures to guarantee in law and practice the equality of women, particularly their right to education, and fight effectively discrimination against women and gender violence (Spain);

Accepted

122.84. Intensify its efforts to effectively implement the laws on discrimination against women, and on the promotion and protection of children (Tunisia);

Accepted

122.85. Steadily implement as well as further enhance measures to address discrimination and violence against women (Japan);

Accepted

122.86. Continue with its work in the area of women‘s rights adopting a gender perspective in all public and private scenarios and encouraging the empowerment of women with a view to challenging the current inequality in the society (Bolivia (Plurinational State of));

Accepted

122.87. Take deterrent measures to combat discrimination against women, girls and religious minorities and work towards eliminating poverty among those groups (Iraq);

Accepted

122.88. Continue to spearhead progress toward the promotion of gender equality and development for women, in particular in areas of education and employment (Cambodia);

Accepted

122.89. Maintain the momentum to protect the rights of women as well as to empower women in the area of economic development through various legislative measures and institutional mechanisms (Brunei Darussalam);

Accepted

122.90. Take necessary measures to end harmful traditional practices against women, sexual harassment in public and work places and domestic violence (Chad);

Accepted

122.91. Continue working for the welfare of children, women and persons with disabilities (Nepal);

Accepted

122.92. Continue its efforts for the improvement of the health system and the elimination of discrimination against women and discrimination on the basis of caste (Holy See);

Accepted

122.93. Increase its endeavors on promotion and protection of women‘s rights especially in rural areas (Islamic Republic of Iran);

Accepted

122.94. Continue organizing awareness educational courses on human rights, including training on equality between women and men, and on women‘s rights (Libyan Arab

Accepted

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Jamahiriya);

122.95. Continue to work towards the empowerment of women and the promotion and protection of all their rights and intensify efforts and programmes to combat the phenomenon of trafficking of women and children (Qatar);

Accepted

122.96. Further enhance measures to combat and prevent discrimination against vulnerable groups (Myanmar);

Accepted

122.97. Train its law enforcement personnel on gender sensitivity and equality (Slovakia);

Accepted

122.98. Definitely abolish the death penalty (France)/Abolish the death penalty (Namibia)/Abolish the death penalty (Spain)/Consider definitely abolishing the death penalty in its domestic legislation (Ecuador);

Rejected

122.99. Consider the possibility of derogating the death penalty of its juridical regime (Argentina);

Rejected

122.100. Declare an official moratorium on the death penalty (United Kingdom)/Declare a moratorium on executions with a view to abolishing the death penalty (Uruguay)/Establish a moratorium on the death penalty, as a first step towards complete abolition of this practice and accession to the Second Optional Protocol to the ICCPR (Australia)/Promptly establish a de jure moratorium on the death penalty (Belgium);

Rejected

122.101. Implement measures to protect the right to life and freedom of expression of human rights defenders, and ensure that the perpetrators of violence are brought to justice (Australia);

Accepted

122.102. Take steps to implement laws and policies with a view to eliminating early and forced marriage (Canada);

Accepted

122.103. Take effective measures to prevent forced or early marriage, in particular with a view to ending rape, sexual exploitation and forced conversions of scheduled caste girls (Austria);

Accepted

122.104. Adopt all possible measures to prevent and explicitly prohibit in its legal order the recruitment of children and their participation in armed actions and terrorist activities (Uruguay);

Accepted

122.105. Continue fighting against trafficking of children and violence against women (Djibouti);

Accepted

122.106. Prohibit child labour of minors under the age of 14 (France); Noted

122.107. Ensure the reporting and investigation of cases of violence against women, effective awareness campaign against violence and consolidate measures to address sexual abuses and exploitation of children (Egypt);

Accepted

122.108. Ensure that women are not submitted to illegal parallel judicial system (Italy); Noted

122.109. Continue the reform of the judiciary, law enforcement and penitentiary system, as well as continue the policy to reduce crime and corruption (Russian Federation);

Accepted

122.110. Take measures to combat impunity of all those who attack human rights defenders (Spain);

Accepted

122.111. Reinforce its efforts to fight impunity regarding cases of enforced disappearance by bringing all responsible persons to justice (Switzerland);

Accepted

122.112. Hold accountable those who commit religiously motivated acts of violence (United States of America);

Accepted

122.113. Investigate attacks and violence against religious minorities and sects and Accepted

Page | 26

bring those responsible to justice (Norway);

122.114. Take effective measures against enforced disappearances by strengthening the Commission of Inquiry and expanding their mandate to all security agencies (Germany)/Vest the national Commission on Inquiry on Enforced Disappearances greater authority and resources to conduct investigations (Sweden);

Accepted

122.115. Ensure investigations and prosecution of those responsible for abduction and enforced disappearances and encourage the Supreme Court to continue investigation on this problem. (Belgium);

Accepted

122.116. Increase its efforts to promptly investigate all human rights abuses and prosecute alleged perpetrators (Hungary);

Accepted

122.117. Take steps to bring to justice those who have threatened, or attacked human rights defenders, children, and others who are working to promote democracy and accountability in Pakistan (Canada);

Accepted

122.118. Bring to justice perpetrators of attacks on journalists by effectively investigating all individuals and organizations accused of such abuses (Norway);

Accepted

122.119. Introduce strong legislation prohibiting attacks against journalists to effectively investigate such acts and prosecute the perpetrators (Austria);

Accepted

122.120. Continue the on-going reform process in order to consolidate democracy and the rule of law (Kyrgyzstan);

Accepted

122.121. Continue efforts to enhance legislations and measures to further address the situation of religious minorities, including blasphemy laws, force conversion and discrimination against non-Muslim minorities (Thailand);

Accepted

122.122. Continue and consolidate efforts in promoting dialogue, tolerance and social cohesion (Egypt);

Accepted

122.123. Continue its measures aimed at the promotion of interfaith dialogue and the culture of tolerance (Azerbaijan);

Accepted

122.124. Substantially re-consider the punishment related to religious offences (Italy); Noted

122.125. Actively support programmes strengthening religious freedom and tolerance especially in the run-up to the elections in 2013 (Germany);

Accepted

122.126. Take preventive and punitive measures against instigation of religious hatred (Germany);

Accepted

122.127. Remove restrictions on accessing internet in the country, which runs counter to the criteria of the ICCPR and the principle of proportionality (Netherlands);

Noted

122.128. Continue to design and implement growth and job creation programmes targeting the most disfavored of the population (Mauritania);

Accepted

122.129. Continue strengthening its programmes of employment creation, food and assistance to the most vulnerable in the fight against poverty and social inequality (Venezuela (Bolivarian Republic of));

Accepted

122.130. Intensify development programmes with focus on poverty alleviation and food security (Algeria);

Accepted

122.131. Continue to strengthen its efforts in tackling poverty and enhancing access to basic social services such as health and education, especially for those living in rural areas (Bhutan);

Accepted

122.132. Continue addressing poverty reduction and social inequality through further development and implementation of relevant programmes and policies (Cambodia);

Accepted

122.133. Redouble its efforts to maintain continuing progress in fighting poverty (Ecuador);

Accepted

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122.134. Continue its efforts for a systematic and sustained training process of child as well as developing the Child Protection Management Information System (CPMIS) and advancement in child immunization (Iran(Islamic Republic of));

Accepted

122.135. Continue its efforts to fight against poverty and illiteracy (Senegal); Accepted

122.136. Continue its efforts to accelerate the achievement of the MDGs targets, particularly those related to health (Turkmenistan)/Continue with its efforts towards the achievement of MDGs, in particular in the area of health of the population (Venezuela (Bolivarian Republic of));

Accepted

122.137. Continue to work on strengthening access to health care services, particularly for vulnerable groups of society (Bahrain);

Accepted

122.138. Implement a sanitation programme in order to eradicate poliomyelitis and tuberculosis which remain public health problems (Djibouti);

Accepted

122.139. Take additional measures to facilitate access to health service for all members of society, especially women (Oman);

Accepted

122.140. Continue strengthening its efforts to improve the socio-economic conditions of its people especially on promoting the rights to education for all its young citizens (Brunei Darussalam);

Accepted

122.141. Strengthen its efforts to combine social security and poverty alleviation measures with the free and compulsory education programme that will enable the provision of the free education for all children (Indonesia);

Accepted

122.142. Formulate executive plans for attaining the MDG on primary and free education by 2015 (Libyan Arab Jamahiriya);

Accepted

122.143. Increase its allocation of resources devoted to education (Netherlands); Accepted

122.144. Continue current efforts to increase the literacy rate and promote universal access to education (Cuba);

Accepted

122.145. Continue its efforts to ensure the enrolment of all segments of society in education (Oman);

Accepted

122.146. Consider providing universal free primary education to all children, regardless of their sex, nationality, race or ethnic origin (Thailand);

Accepted

122.147. Continue to make efforts to expand access to education, especially for girls (Japan);

Accepted

122.148. Ensure and allocate sufficient resources for girls‘ education in all provinces (Namibia);

Accepted

122.149. Review public school curricula in order to eliminate prejudice against religious and other minorities (Germany);

Accepted

122.150. Improve the education system and school textbooks and promote the full safeguarding of religious freedom and other human rights by programmes which, beginning in primary school and within the context of religious instruction, will educate everyone to respect their brothers in humanity (Holy See);

Accepted

122.151. Take all appropriate measures to combat and prevent discrimination against children belonging to religious or other minority groups, including by removing educational material which could serve to perpetuate discrimination (Ireland);

Noted

122.152. Include human rights education in school curricular (Palestine); Accepted

122.153. Continue with its measures to protect children and improve their access to education (Senegal);

Accepted

122.154. Analyse the possibility of adopting the necessary additional measures to combat and prevent discrimination against religious minorities (Argentina);

Accepted

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122.155. Increase action to tackle violations of religious freedom especially, but not only, against members of religious minorities (Italy);

Accepted

122.156. Adopt measures to ensure the protection of religious minorities, including Ahmadis, Christians, Hindus and Sikhs, prevent the abuse of blasphemy legislation, halt forced conversions, and take necessary steps to prevent violence against members of religious minority communities (Canada);

Accepted

122.157. Take appropriate, efficient measures to prevent discrimination and violence against religious minorities, bringing instigators to religious violence to justice (Slovakia);

Accepted

122.158. Enforce the measures and policies that Pakistan has undertaken to ensure the participation of minorities in an appropriate way in the political life (Libyan Arab Jamahiriya);

Accepted

122.159. Start a national dialogue with the aim of enacting a national IDP policy consistent with the UN Guiding Principles on Internal Displacement (Austria);

Noted

122.160. Continue its efforts to alleviate poverty and promote sustainable economic and social development so as to allow its people to better enjoy all human rights (China);

Accepted

122.161. Achieve MDGs in order to design and implement comprehensive prevention programmes, and address food insecurity and malnutrition by adopting policies at federal and provincial levels to make vaccines mandatory (Djibouti);

Accepted

122.162. Continue its efforts to speed-up attaining Millennium Development Goals (MDGs), particularly those related to health (Kuwait);

Accepted

122.163. Increase efforts to enhance the enjoyment of economic, social and cultural rights, which will enable the related rights to work, education, health and housing to be enforced (Saudi Arabia);

Accepted

122.164. Continue its efforts to combat social inequality and poverty (Kuwait); Accepted

122.165. Continue its efforts to combat terrorism (Kuwait); Accepted

123. The recommendation below did not enjoy the support of Pakistan: 123.1. Halt operations aimed at silencing dissent in Balochistan and ensure laws are fully equally enforced to investigate and prosecute those responsible for torture and enforced disappearances nationwide (United States of America). 124. All conclusions and/or recommendations contained in the present report reflect the position of the submitting State(s) and/or the State under review. They should not be construed as endorsed by the Working Group as a whole. The End!

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Annex 1: CRM’s joint Stakeholder Report to the UPR

The Universal Periodic Review (UPR) Pakistan The State of Children’s Rights in Pakistan

By the Child Rights Movement (CRM) Pakistan

Consultation Process

1. This submission has been prepared by a coalition of 108 national and international child rights organizations12 working in Pakistan under the banner of the Child Rights Movement (CRM). A draft report was prepared by the CRM Pakistan and shared with CRM provincial chapters in Punjab, Balochistan and Khyber Pakhtunkhwa and then through consultations with civil society organizations in Sindh, Gilgit-Baltistan and AJK in February and March 2012. Additionally, three children‘s consultations were organized with 33 children (19 girls and 14 boys from 10-17 years old) from Islamabad, Vehari (rural Punjab) and Thatta (poorest part of coastal areas of Sindh province).

Some major recommendations from consultations with children

2. The government should establish a school in each village and teachers should be trained. 3. There should be a well-equipped health facility in each village. 4. The government should provide free sports facilities. 5. The government should give more attention to poverty by providing support to the most

vulnerable families. 6. Children in conflict with the law should be provided livelihood training so that they can

rehabilitate their community when they return from jail. 7. Children should be kept apart from adults in separate jails. 8. Platforms should be established for children participation into social and economical issues

concern their lives. International Commitments and Support from International Institutions

UNCRC and ILO Conventions 9. Pakistan has ratified three conventions related to children: UNCRC and ILO Conventions 138

and 182. The UN, ILO, International and National NGOs have been extending financial and technical support to Pakistan for implementation of these conventions. Although the Government of Pakistan continues to request financial and technical support from international organisations and the UN, little progress has been made in amending existing or introducing new legislation to comply with the provisions of the conventions. Sadly, less than 0.5% of GDP and less than 2% of the overall budget is allocated to the realization of children‘s rights.

12See Annex 1 for a listing of organizations that contributed to this Stakeholder UPR report.

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Recommendation 10. The Government of Pakistan should, in partnership with the UN and civil society,

develop clear and realistic strategies for the protection of children through the adoption of a comprehensive national action plan for children and the allocation of 10% of the GDP in the national budget to ensure the full implementation of its obligations under the UNCRC and the ILO Conventions 132 and 182.

Optional Protocol to the CRC on the Involvement of Children in Armed Conflict

11. Children under the age of 18 years can be recruited into Pakistan‘s armed forces. Although they don‘t take part in combat, they do engage in training.13 They are also recruited into illegal armed militant groups and forced to carryout suicide attacks, plant explosives and transport munitions. In 2011, law enforcement agencies arrested several children and recovered suicide jackets and materials. The children revealed how and where they were trained to become suicide bombers.

12. There is a lack of preventive measures, including awareness raising among stakeholders and

rehabilitation of children affected by armed conflict, particularly those who are recruited, trained and take part in terrorist activities. In 2001, Pakistan signed the Optional Protocol to the UNCRC on the involvement of Children in Armed Conflict (2000), but the country has not ratified it yet. The government has initiated a programme to rehabilitate children recruited by militants (non-state actors) to be suicide bombers or child soldiers, but more needs to be done for these children‘s protection. Most children recruited are male between the ages of 9 and 17.14 In 2009 and 2010, there were 109 suicide bombings reported, of which 8 were child suicide bombers.15

Recommendation

13. The Government should immediately ratify the Optional Protocol to UNCRC on Involvement of Children in Armed Conflict and undertake all necessary measures to ensure full implementation of the protocol by 2013. The government should develop the strategies, programmes and policies to stop the recruitment of children by non-state-actors.

Optional Protocol to CRC on Sale of Children, Child Prostitution and Child Pornography and Optional Protocol to CRC establishing a Communications Procedure

14. The CRM welcomes the ratification of the Optional Protocol to UNCRC on Sale of Children, Child Prostitution and Child Pornography in June 2011. However, we regret, that Pakistan has still not passed The Criminal Laws (Child Protection) Amendment Bill 2009, which would provide for preventive and protective measures against sale of children, child prostitution and child pornography. There is a lack of legislation on internal child trafficking, and the measures against international child trafficking are weak as well.

13 The Pakistan National Service Ordinance, 1970, regulates national services. It says that officers and soldiers in the Armed Forces may be recruited between the ages of 17 and 23 but it adds that new recruit must have at least one year training prior to participating in active service. Please check Pakistan‘s second periodic report (2003) to the UN Committee on the Rights of the Child. 14 Secretary General to the Security Councils 2011, Report on Children in Armed Conflict. 15 SPARC JJ Chapter 2011

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15. The Optional Protocol to UNCRC on Establishing Communication Procedure allows individual children, groups or their representatives to complain to the Committee against the State, but the government hasn‘t signed and ratified this yet. Recommendations The Government should:

16. Immediately adopt and implement the Criminal Laws (Child Protection) Amendment Bill.

17. Promptly develop an effective strategy and action plan and allocate sufficient resources to ensure the implementation of the Optional Protocol on Sale of Children.

18. Sign and ratify the Optional Protocol to CRC on Establishing a Communications Procedure by December 2012.

ILO Convention 189 Domestic Workers Convention

19. In 2011, the ILO adopted Domestic Workers Convention (Convention 189), which provides protection to children working inside homes. In 2004, the ILO estimated that more than 264,000 children were working as child domestic workers in Pakistan in hazardous and deplorable conditions.16 From January 2010 to December 2011, newspapers reported 18 cases of severe torture and abuse of child domestic workers. Out of these, 13 children died as a direct result of violence inflicted on them by their employers.17 The absence of recognition of child domestic labour as a worst form of child labour makes it difficult to produce a precise estimate of the scale and impact of child domestic labour in Pakistan.

Recommendation

20. The Government should ratify ILO Convention 189, declare child domestic labour as a worst form of child labour and ban it under the Employment of Children Act (ECA) by 2013.

The Millennium Development Goals (MDGs)

21. Pakistan is not meeting its commitments to achieve the MDGs, specifically those related to eradicating child poverty, achieving universal primary education, reducing mortality rates and improving maternal health. Pakistan‘s social indicators have consistently failed to match its economic progress; the country has been unable to reach the poorest and most vulnerable children. Funding allocated for children welfare is less than 0.5 percent of GDP and generally less than 2 percent of the national budget.18

22. Pakistan is far from reaching the target of Education for All by year 2015.19 There are an estimated 3 million children out of school in Khyber Pakhtunkhwa due to floods and conflict.20

16 Imran, M. (2011), Complete ban on child domestic labour demanded; The News International, 30 October 2011. Islamabad 17 Khoso, Abdullah. (2011). Chapter Child Labour; in The State of Pakistan‘s Children 2011, SPARC, Islamabad 18 Save the Children (2011), Study on Federal and Provincial Budget: Analysis with Child Rights Perspectives for Pakistan; an unpublished draft report. 19Dawn (2011), Pakistan lagging behind on education for all: UNESCO; 7 May 2011; while the goal of Universal Primary Education is to ensure that by 2015 all children, boys and girls, should be able to complete a full course of primary schooling.

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About 7 million children are not attending primary school in Pakistan; approximately 60 percent of these are girls. Accordingly, more than 50 million Pakistanis above 10 years of age are illiterate. 21

23. Malnutrition is contributing to 35 percent of all under-5 deaths in Pakistan. According to UNICEF, 32 percent of infants have low birth-weight (recorded in 2006 and 2010). In 2010, the infant mortality rate was 70/1000 and under-5 mortality rate was 87/1000.22 As a result, Pakistan is at risk of failing to reach its MDG targets on maternal and child health. The National Nutrition Survey revealed that 15.1 percent of under 5 children are wasted, 43.6 percent are stunted and 31.5 percent are under weight. Child anemia is prevalent at 62.5 percent and maternal anemia at 51 percent.

24. Pakistan is one of the few countries in the world where polio is still endemic. In 2011, 198 cases

were reported, making Pakistan the country with the highest number of cases in the world. In 2012, 15 cases were reported by the first week of April. A lack of proper governance and accountability, together with local groups opposing vaccination, are jeopardizing efforts to eradicate the disease.

Recommendations

25. The Government should increase the budget for education by 5 percent and budget for health by 16 percent by 2013, and revise action plans, including resource allocations, to meet its MDG targets.

26. The government should take all appropriate measures to develop and implement comprehensive food security and malnutrition prevention and response programmes.

27. Legislation should be adopted at the federal and provincial levels to make some immunizations compulsory.

28. The government should prioritize policies and programmes on nutrition, vaccination and health workers to reduce mother, newborn and child mortality, and increase allocation of 01 percent of the GDP for this by 2013.

Implementation of International Human Rights Obligations

Definition of the Child and Minimum Age of Criminal Responsibility 29. There is no harmonization of legislation regarding definition of the child. The issue of age only

arises in cases of marriage and zina (adultery) allegations. Since 2009, the Child Marriage Restraint Amendment Bill has been pending and has not yet been passed.

30. Currently, the minimum age of criminal responsibility is 7 under Section 82 of the Pakistan

Penal Code. This has resulted in arrests and detention of children less than 10 years of age by the police. A Child Protection Criminal Laws (Amendment) Bill has been pending since 2009 in which the minimum age of criminal responsibility was proposed to increase from 7 to 10 years.

20 The Express Tribune (2012), State of education in emergency: 3 million children out of school in K-P; April 3, 2012 21 The News International (2011), Education for All: The missing link for Pakistan’s progress; May 7, 2011, Islamabad 22UNICEF Pakistan Statistics at http://www.unicef.org/infobycountry/pakistan_pakistan_statistics.html

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Notably, the Committee on the Rights of the Child, in General Comment No 10, considers any age for criminal responsibility below 12 as internationally unacceptable.

Recommendations

31. By 2013 the Government should introduce an amendment in the Zina and Hadood Ordinances (1979)23 and in the Child Marriages Restraint Act (1929) to align the age of marriage of boys and girls by raising the minimum age of marriage for girls to 18 years, along with stricter penalties for violations.

32. The Government should revise the age of criminal responsibility to 12 years in the Criminal Laws (Child Protection) Amendment Bill and expedite the passage of the Bill.

Child participation

33. Child participation has many positive effects on children‘s current as well as future adult life. Participation is a means of education for adult life; when children participate in their childhood they develop a sense of respect for the opinions of others. When children‘s views are taken into consideration regarding health, education and other services, these services improve and are more effective and better designed for children.

34. Sadly, children in Pakistan are seen but not heard. Children have limited or no participation in decisions that affect their lives. There is no mechanism for seeking children‘s views at the policy or practice level. There have been stand alone events for children‘s participation, such as during the UNGASS (where children provided recommendations to the Pakistan delegate) and to the Commission on the Status of Women, SAIEVAC consultation on care standards and child friendly services. However, there are few significant forums or opportunities for children‘s participation.

Recommendations

35. The Government should focus on developing TV/radio programmes for children and encourage participation of children in the media.

36. The Government should establish formal forums and mechanisms for children’s participation in civic life.

Child Protection Mechanisms

37. There is no independent body at the national level for reporting and coordinating among provinces for the implementation of the UNCRC and its three Optional Protocols. After the 18th Constitutional Amendment, child rights has become a provincial subject, so there is no single institution that can ensure implementation of the minimum standards of child rights across the country.

38. The National Commission for Child Welfare and Development (NCCWD), within the Ministry of Human Rights, is responsible for child rights in Pakistan. Unfortunately, the Commission

23Zina and Hudood matters are driven from Islamic (Sharia) law which by which Islamic punishments are

enforced as stated in the Quran and Sunna for zina (extramarital sex), Qazf (false accusation of zina) and offences against property (theft) and prohibition of alcohol.

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was established through a national assembly resolution24 and has no legal standing, limited human and financial resources, as well as limited powers to prevent and respond to violations of child rights.

Recommendation

39. The Government should immediately improve and pass the long-pending bill on the National Commission on the Rights of Children (NCRC), which should replace the NCCWD, and take immediate measures for its effective establishment and full implementation as stated in the draft bill. The NCRC should be given sufficient financial support to monitor the institutions and prevent all types of child rights violations.

Child Labour

40. There has been an alarming increase in child labour after the earthquake in 2005 and floods in 2010 and 2011. A total of 9.86 million children and adolescents aged 10 to 19 years were engaged in economic activities in 2011, out of which 2.58 million were children between 10 and 14 years of age.25 A high number of children under 10 years of age are engaged in labour.

41. Pakistan ratified ILO Convention 182 regarding the Worst Forms of Child Labour in 2001, but the country has been reluctant to comply with the provision under which child domestic labour is considered a worst form of child labour.

42. Labour inspections of factories are allowed but unproductive. Labour inspectors have little or no knowledge about legislation related to child labour and there are no specific Child Labour Inspectors. In Sindh, Labour Inspectors have to inform employers before they visit factories and workshops, thereby warning employers in advance.

43. As a result of the 18th Constitutional Amendment, responsibility for child labour has been transferred to the provinces, but provincial labour ministries state that they have not received any funds from the federal government to address this issue. Before the passing of the 18th Amendment, the Government of Pakistan, through the Ministry of Labour, tried consolidating existing labour laws through the Employment and Services Conditions (ESC) Bill (2009). The draft contained a provision for the worst forms of child labour, to be prohibited in line with ILO C-182, and raising of the minimum age for employment to 15 years, as stipulated under ILO C-138; however, because of the 18th Amendement, this bill wasn‘t enacted. Later, only the Punjab provincial assembly adopted the Employment of Children Act (ECA), without contextualizing or improving it.

Recommendations

44. In order to comply with Article 25-A (the Right to Education), the Government under the ECA should ban labour for children below 16 years of age in all occupations.

24 Resolution No. 1-1/80 (NCCWD) dated 16th December, 1980. IV 25The State of the Rights of Children (2011), study conducted by Children Complaint Office, Federal Ombudsman. A draft report was shared by the Children Complaint Office with relevant stakeholders for the feedback.

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45. The Government’s social or income support programmes, such as Benazir Income Support Programme, are insufficient to address children’s needs. More and better programs must be developed to support families that may otherwise be compelled to involve their children in labor.

46. The Government should allocate 1 percent of the annual provincial and national budgets to address the issue of child labour.

47. The capacity of the Ministry of Labour should be strengthened to ensure effective monitoring of the implementation of child labour laws. The Government should build the capacity of all labour inspectors and appoint skilled and experienced child labour inspectors who are empowered to receive, investigate and address complaints of child labour.

Children in conflict with the law

48. Children in conflict with the law need adequate protection. Law enforcement agencies are not aware of child rights issues and to the relevant legislation in the country. The majority of children in jail are from poor families who cannot afford to pursue cases without help from the State. In many cases, children are detained in jails along with adults, where they are abused and exploited.26

49. The Juvenile Justice System Ordinance (JJSO), 2000, is little recognized or known among law enforcement agencies, and officials are generally not sensitized or qualified to deal with children‘s issues. The JJSO does not override, but is in addition to, several acts such as the Army Act, Frontier Crimes Regulation, Action (in Aid Civil Power) Regulation, Anti-terrorism Act, Control of Narcotics Substance Act, Punjab Prohibition of Kite Flying Ordinance and the Railways Act. Under these laws, harsh punishments including death sentences and life imprisonment can be imposed upon children. Moreover, certain parts27 of Pakistan are governed by sharia law, without the recognition of international and national human rights laws.

50. Some courts have the power to try cases of children in conflict with the law, however, no courts are following juvenile court procedures as prescribed in the JJSO. In 27 districts, panels of lawyers have been constituted under the JJSO, but these panels are dysfunctional and have not provided legal aid to any children at the expense of the State. Two Borstal institutes in Punjab, and two Youthful Offenders Industrial Schools, are being administered through Prison Rules 1978 by prison administration, but these institutes do not follow the rules and procedures detailed in the JJSO.

Recommendations The Government should:

51. Take measures to ensure that the Juvenile Justice Ordinance (JJSO) overrides other laws in cases involving children. It should be mandatory for police and judicial officers to determine the age of suspects.

52. Establish exclusive juvenile courts in accordance with the JJSO and ensure that children’s cases are tried separately from adult cases.

26Khoso, A. (2010), The JJSO: Caught in the Quagmire of non-implementation; The State of Pakistan‘s Children 2010, SPARC, Islamabad 27 Malakand division

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53. Incorporate human rights education, with a focus on children’ rights, into school, college and university curricula of law, judicial, police, and teacher training academies, as well as national/provincial management institutes for bureaucrats.

54. Immediately activate and allocate funds for the panel of lawyers constituted under the JJSO.

55. Establish Borstal institutes so that juveniles can be detained separately from adults. All detention centers for children should be operated according to the JJSO and its Rules.

56. Expedite all pending relevant Bills related to Borstal Institutes.

120 days detention without trial 57. On 23rd June 2011, the President signed Action in Aid for Civil Power Regulations (AACPRs)

for the Federally Administrated Tribal Areas and Provincially Administrated Tribal Areas. These regulations give extensive power to the Armed Forces to act to counter any threat to the solidarity and integrity of Pakistan, and also allow for the confinement of an individual, whether a child or adult, for 120 days without the authority of the magistrate. Furthermore, the Regulations state that for 120 days, there will be no legal representation or trial, a death sentence is allowed, and a single statement by an official from the Armed Forces is sufficient to prove a child guilty of an offence and set a death sentence, which cannot be challenged by any other legal forum. A child can be considered guilty before due process of the trial.

Recommendation

58. The AACPRs must immediately be abolished and proper administrative and judicial procedures should be applied in accordance with the Constitution of Pakistan.

Right to Quality Education

59. Pakistan in 2008 was ranked as 119 out of 127 countries in the Education for All Development Index28 in terms of literacy rate and enrolment in primary, secondary and tertiary levels. Among the main reasons behind Pakistan‘s failure to meet its education goal are: management and governance, access to quality learning environment, low funding, limited infrastructure, poor examinations, low teaching standards, and limited political will.

60. The floods in 2010 and 2011 affected over 10,000 schools29. The Government‘s rehabilitation of education infrastructure has been slow. At the same time, quality of education is a major concern, and appointment of teachers is mainly based on political grounds.30

61. Gender disparity in education is wide. According to UNESCO, there are only three girls in school for every four boys. Insurgent groups have repeatedly attacked education infrastructure in general, and girls‘ schools in particular. 31

28 UNESCO Institute and Centers (2011), Education for All, Global Monitoring Report 2011: The Hidden Crisis- The Armed Conflict and Education 29 UNICEF (2011) Children in Pakistan Progress Report: One Year After the Floods; at http://www.unicef.org/infobycountry/files/Pakistan_One_Year_After_the_Floods_-_Final_Report_-_Hi-res.pdf 30 Daily Time (2012). Junior teachers‘ appointment: SC set against LHC verdict. 16 February 2012, Islamabad. 31 Source: UNESCO Institute and Centers (2011), Education for All, Global Monitoring Report 2011: The Hidden Crisis- The Armed Conflict and Education

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62. Pakistan spends 7 times more on arms than primary education. 32 63. According to the HRCP 2011 report on budgeting for rights, the total allocation in the federal

and provincial budgets for 2010-11 was a mere 1.02 percent of GDP. In the revised estimates / expenditure of the same year, it came down to 0.9 percent. 33

64. There are an estimated 24,000 registered madrasahs in the country34 and thousands of un-

registered madrasahs. Pakistan has not taken serious action to register all madrasahs, regularize education in registered madrasahs, or prevent abuse (including verbal, physical, and sexual abuse) and exploitation of children in madrasahs. While some madrasahs endeavor to provide sufficient education and a safe environment, these also lack assistance from the government.

Recommendations The Government should:

65. Increase its allocation of resources devoted to education, specifically primary and girls’ education. School curricula should be revised as per international standards, with a human rights and gender sensitive perspective, and all students should receive textbooks on time.

66. Establish concrete mechanisms to ensure that all children have basic competency levels and are equipped with life skills, and dropouts are enrolled in accelerated learning programs.

67. Establish an effective tracking system for monitoring retention, dropouts, and children’s learning outcomes.

68. Ensure and monitor teachers’ attendance and eliminate political appointments. 69. Ensure, through strict legislative provisions, that schools are not used for any other

purpose except education. 70. Ensure that schools are free from politics and students are not involved or subjected to

political activities within schools. The Government should provide security to schools and teachers.

71. Regularize and mainstream madrasahs and include them into the education system by implementing the Madrasah Registration & Regulation Ordinance (2002) and Madrasah Reforms, establishing adequate monitoring mechanisms and allocating appropriate resources. The syllabi of madrasahs should be made consistent and should be approved by the government, in line with national curriculum guidelines, by 2014.

Violence against children

72. Corporal punishment is widespread in all settings across the country. According to Save the Children, in a study of 3,582 children between 6 to 14 years of age attending government and religious schools in Khyber Pakhtunkhwa, not one reported never having experienced corporal punishment.35 Research has found that, overall, corporal punishment is prevalent in 89 percent of schools in Punjab, with the greatest prevalence in government schools, followed by private

32 Source: UNESCO Institute and Centers (2011), Education for All, Global Monitoring Report 2011: The Hidden Crisis- The Armed Conflict and Education 33 HRCP (2011), Budgeting for right: Economy Watch: The Federal and Provincial Priorities 2011-12; Lahore, page 13. 34The Express Tribune (2011), The Government to demolish unregistered madrasahs; December 20, 2011 35Save the Children; Children’s Situation; at http://resourcecentre.savethechildren.se/content/country/pakistan/childrens-situation

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schools and madrasahs36. Corporal punishment is legal under Section 89 of the Pakistan Penal Code and the government is not enacting the Prohibition of Corporal Punishment Bill.37

73. Child abductions are all too common in Pakistan. In 2010, 2,582 children went missing from the city of Karachi alone. The average age of children who were abducted in 2010 ranged from 3 to 14, while some newborn babies were also kidnapped from hospitals.38

74. There are few statistics on transnational parental child abduction.39 Between Pakistan and the UK, 24 cases of parental child abduction were in 201040 while 55 cases were reported in 2011.41 Some cases have been reported between France and Pakistan and Canada and Pakistan. Pakistan has not yet ratified the Hague Convention on the Civil Aspects of International Child Abduction, 1980, which ensures the welfare of the child through the quick return of the child to its habitual country.

75. There is no formal system of monitoring the incidence of suicide among children, and there are no systems or programs in place to prevent children from self-immolation and suicide. In 2009, there were 185 child suicides and 42 attempted suicides, and in 2010 there were 187 child suicides and 80 attempted suicides. In 2009 and 2010, 42 and 80 children attempted to commit suicide, respectively.42

76. According to Acid Survivors Foundation data, 53 acid attack cases were reported in 2009, 65 in 2010 and 150 in 2011. At least 200 attacks occur a year, out of which 20 percent are children. The recently passed Criminal Law Amendment of Hurt is a promising step, but additional efforts are required to eliminate this crime.

Recommendations The Government should:

77. By 2013, adopt legislation that explicitly prohibits corporal punishment in all settings and establish an effective monitoring system in order to ensure that abuse of power by teachers and other professionals working with children does not take place in schools and other institutions. All schools should have complaint mechanisms for children to be able to securely report corporal punishment.

78. By 2015, ensure that all teachers are trained on positive disciplining techniques, and strengthen its efforts to raise awareness among the public, especially parents, about the negative effects of corporal punishment on child development.

36Assessment of Corporal Punishment, a research report by Plan Pakistan 37 According to the HRCP 2010, 25 cases of corporal punishment were reported in the newspapers. 38The News International (2011), Sharp increase in child abduction cases witnessed in 2010; January 1, 2011 39 Some data between Pakistan and the UK has been collected by the Child Abduction Centre, the United Kingdom. 40 British Broadcasting Corporation (2010), Number of UK children taken overseas by a parent rises; July 29, 2010; retrieved at http://www.bbc.co.uk/news/uk-10792704 41 The Nation (2012), BHC calls for laws to stem child abductions; March 22, 2012, Islamabad 42 According to the SPARC‘s SOPC 2010 (page 249)

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79. By 2014, adopt legislation and establish systems at the union council and district levels, especially in hospitals, to prevent child abduction and ensure that perpetrators are brought to justice.

80. Initiate free or low cost suicide prevention programmes involving mental health care workers and lady counselors by 2014.

81. Legislate at the provincial level to enhance delivery of justice for acid attack victims, ensure free provision of medical and rehabilitation services, and prioritize effective regulation and monitoring of acid sales and distribution.

82. Immediately ratify the Hague Convention on Civil Aspects of International Child Abduction by 2013.

Gender based violence and discrimination against girls

83. Pakistan has been unable to address issues of serious discrimination against women and girls. Child marriages, honor killings, and arranged marriages are common means of settling feuds in tribal areas of Pakistan. Jirgas (tribal assembly of elders) are still being held, and girl children are commonly offered to settle disputes. According to the report of the Human Rights Commission of Pakistan (HRCP-2008), 472 women and girls were killed in the name of honor; and in 2009 and 2010, 647 and 791 females respectively were murdered in the name of honor. In 2010, in Sindh province alone, 50 cases of child marriage were reported.43 In 2008-2009, 0.12 percent (24,228) of 20.19 million children (10-14 age-groups) was reported married and 5.18 percent (1,029,784) of 19.88 million children (15-19 age-groups) were reported married.44 There are no child marriage details for children less than 10 years of age.

Recommendations The Government should:

84. Enforce legislation preventing honor killings as well as jirgas which determine women and girls’ fates, and launch a mass awareness raising campaign against such harmful traditional practices. Strong and independent preventive and protective mechanisms are needed to deal with harmful traditional practices.

85. Amend the Child Marriage Restraint Act of 1929, and rise the age of marriage for girls up to 18 years.

Sexual exploitation of children

86. The topic of prostitution is taboo; however, child prostitution is common in Pakistan.45 Thousands of children – primarily boys – are working as prostitutes from as early as eight years old.46

87. The number of child sexual abuse cases has increased yearly (1,839 in 2008, 2,012 in 2009, 2,595 in 2010). On average, six children are sexually assaulted every day, but reported cases are only a fraction of all cases. In addition, child victims and their families are dragged through the

43Saleem, S. (2010), Child Marriages: 10-year-old girls for Rs100000; The Express Tribune, December 21,

2010 44 Pakistan Bureau of Statistics, Government of Pakistan; Accessed on January 2011 at www.pbs.gov.pk/sites/default/files/.../lfs2008_09/t04.pdf. 45 Dawn TV (2011), Make Sex Workers in Pakistan clip 4 (EQUINO) Musafirkhana clip 4 at http://www.youtube.com/watch?v=EzWV86_9FL8 46 The Express Tribune (2011), Prostitution in the land of pure; November 19, 2011

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criminal justice system; there are no programmes, policies or systems in place to help victims of abuse seek justice.47

88. In 2002, Pakistan introduced the Prevention and Control of Human Trafficking Ordinance (PACHTO), which deals with human trafficking between countries. This is a positive step, however, Pakistan does not provide legal and administrative measures for preventing and protecting children from trafficking between provinces inside Pakistan or even between regions.

Recommendations The Government should:

89. Ensure that professionals working on the front line with children, such as teachers, medical professionals, school counselors, and police personnel, are sensitized and trained to appropriately respond to child sexual abuse, including prevention, detection and management. A child-friendly reporting mechanism and easy court hearing system is needed for cases of sexual abuse. The police department should facilitate the process of registering First Information Report (FIR) for the victims of child sexual abuse by 2013.

90. Establish victim rehabilitation centers at the district level that provides necessary support services to be managed by the Directorate of Human Rights.

91. Amend the Prevention and Control of Human Trafficking Ordinance (PACHTO) to include specific provisions for trafficking of children, including trafficking within the country. The Government should establish anti-child trafficking units at the district level. An age determination board should be established and children deportees should be treated as victims rather than criminals by 2013.

92. Establish a central database to record and monitor child abusers or exploiters so that their employment or any other activity does not bring them into direct contact with children by 2015.

93. Ensure that child protection policies are approved and enforced at all levels, in particularly those in institutions and departments that deal directly with children by 2015.

Children living and working on the street

94. There are an estimated 1.2 million street children in major cities of Pakistan.48 Following the floods in 2010 and 2011, and ongoing conflict in the tribal areas, there has been a surge of street children in cities like Quetta, Karachi, Hyderabad, Sukkur, Multan, Lahore, Faisalabad, Rawalpindi, Islamabad, and Peshawar. In 2010, research revealed that, due to the war in Afghanistan and in northern parts of Pakistan, the situation of street children has deteriorated and child labour and the number of street children have increased.49

95. While there has been a surge in street children, little has been done to counter this. There are about 30,000 street children in Karachi, 90% of whom are ―addicts of different drugs while

47 Sahil (2008, 2009, 2010 and 2010) Cruel Numbers; Islamabad, Pakistan. 48 Shaukat, A. (2009), Delivering Girls‘ Education in Pakistan; Oxfam GB Discussion Document; page 2 49 Khan S, Hesketh T (2010), Deteriorating situation for street children in Pakistan: a consequence of war; School of Medicine, Imperial College London, London, UK.

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74% of these addicts are involved in either glue sniffing or hashish and 15% consume heroin‖.50 Children on the streets are susceptible to all forms of violence and many have reported being sexually abused, often by policemen. Children on the street are beaten, tortured, sexually assaulted, forced to beg or into child prostitution and sometimes killed.51

96. Sindh, Punjab, Balochistan and Khyber Pakhtunkhwa have laws with regard to the supervision and control of orphanages, but these are been fully implemented. These laws also address street children. There is no system for collecting information about informal forms of alternative care, monitoring the quality of alternative care institutions, or periodically reviewing placements.

Recommendations The Government should:

97. Support mechanisms for rehabilitation and reunification of street children. The efficiency of existing institutions such as child protection and welfare bureaus should be improved by allocating more financial, technical and human resources. A policy with clear guidelines on family tracing and reunification of missing children should be introduced. The police and district government should jointly take initiatives for tracking families of missing children by 2014.

98. Ensure implementation of provincial laws for the welfare of orphans. It should introduce and support an alternative care mechanism for the protection of the rights of children and introduce community-based care programs. There should be regular monitoring of existing orphanages to ensure that they meet international human rights standards by 2014.

Birth registration

99. Pakistan has not taken sufficient measures to remove structural obstacles to birth registration and harmonize birth registration systems across the country. No detailed by-laws, and an overall lack of awareness about the importance of birth registration among the general public, are the biggest hurdles in the way of birth registration in the country. The national average for birth registration is only 29.5 percent52, which means that more than 70 percent of children are not registered at birth. In the absence of birth registration records, juvenile offenders are at risk of being treated as adults in capital cases.53 Besides legal acknowledgment of the child‘s existence, birth registration is central in the realization of other human rights such as access to health care, enrolment in school at the right age, obtaining a national identity card or passport, opening bank accounts and applying for credit, voting, and securing employment.54

50 Human Rights Commission of Pakistan (2010). The State of Human Rights, pg. 227; HRCP, Lahore. 51Hanif, H (2010), ‗Over 90% of street children in Karachi are drug addicts‘; Daily Times, Karachi, December 20, 2010 52Imran, M. (2010), Lack of awareness biggest hurdle in birth registration; The News International, July 21, 2010 53Human Rights Watch (2008) at http://www.hrw.org/news/2008/09/11/un-five-countries-responsible-all-executions-juvenile-offenders-2005 54 UNICEF; Factsheet Birth Registration; at http://www.unicef.org/newsline/2003/03fsbirthregistration.htm

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Recommendations The Government should:

100. Take legal and administrative measures to remove obstacles to birth registration (particularly for marginalized segments of society, e.g. prostitutes’ children, street children and orphans) and harmonize laws related to birth registration across the country by 2015.

101. Introduce relevant law and raise awareness among the public (through lady health workers and volunteers) about the importance of birth registration. The Government should also introduce compulsory computerized birth registration and link it with NADRA (National Database and Registration Authority), and the health and education departments by 2013.

Children with disabilities

102. In 2011, Pakistan ratified the UN Convention on the Rights of Persons with Disabilities but it has not yet complied with the Committee‘s recommendations regarding the rights of children with disabilities. Pakistan has not implemented a national policy for persons with disabilities, nor improved physical access of children with disabilities to public service buildings, schools or recreational facilities.

Recommendation

103. The Government should implement a national policy for persons with disabilities so that children with disabilities have the legal right to physical access of public buildings. Children with disabilities should receive special cards and arrangements must be made for their entry into schools, parks, hospitals and other public places. The government must also take measures to mainstream children with disabilities into the education system. All provincial and national governments should increase budgetary allocations up to 1% of the GDP for children with disabilities by 2013.

Progress made since previous UPR recommendations and CRC Concluding Observations

& Recommendations

104. The government has been slow in implementing the majority of recommendations from the second (October 2004), third and fourth (October 2009) periodic reports by the UN Committee on the Rights of the Child. The Committee, in its 2009 Concluding Observations, urged Pakistan to take all necessary measures to address those recommendations from the concluding observations of the second periodic report, but many of those have not been implemented. These include:

i) Age or definition of the child varies in different laws; children are defined differently; no harmonization of laws with the convention;

ii) There are no monitoring mechanisms; iii) Funds for education and health have not been increased; iv) Funds for child protection have not been allocated; v) There is insufficient cooperation with non-government organizations; vi) There are insufficient preventive and protection measures against violence and abuse against

children, including sexual abuse, child labour, and juvenile justice.

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Recommendation 105. Pakistan should establish an independent National Commission on the Rights of

Children (NCRC) on the model of the National Commission on the Status of Women (NCSW) and National Commission on Human Rights that could coordinate among relevant institutions, monitor actions and follow up on the implementation of international children’s rights treaties. The NCRC should be provided adequate financial support to carry out these duties.

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Annex 2: Summary of the stakeholders report to the UPR being prepared by the OHCHR Pakistan55 The present report is a summary of 38 stakeholder‘s submissions 1 to the universal periodic review. It follows the general guidelines adopted by the Human Rights Council in its decision 17/119. It does not contain any opinions, views or suggestions on the part of the Office of the United Nations High Commissioner for Human Rights (OHCHR), nor any judgment or determination in relation to specific claims. The information included herein has been systematically referenced in endnotes and, to the extent possible, the original texts have not been altered. As provided for in Resolution 16/21 of the Human Rights Council, where appropriate, a separate section is provided for contributions by the national human rights institution of the State under review that is accredited in full compliance with the Paris Principles. The full texts of all submissions received are available on the OHCHR website. The report has been prepared taking into consideration the periodicity of the review and developments during that period. I. Information provided by stakeholders A. Background and framework 1. Scope of international obligations 1. HRW noted that Pakistan failed to adhere to its commitment in its UPR Outcome Report to accede to the CPED.2 JS10, UNPO and AI recommended that the CPED be ratified without delay.3 BPCA and ICJ urged the Government to ratify OP- ICCPR and OP- CAT.4 ICJ also urged ratification of the OP-ICESCR, the Convention on the non-applicability of statutory limitations to war crimes and crimes against humanity, OP-CEDAW, CMW, OP-CRPD, CERD, ILO Convention 189,5 and the Rome Statute of the ICC.6 AI recommended the withdrawal of remaining reservations to the ICCPR and CAT, and immediate steps to incorporate both treaties into domestic legislation and to remove or amend laws that do not accord with them.7 JS14 recommended withdrawal of reservations attached to CEDAW.8 2. JS1 recommended the urgent ratification of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.9 UNPO recommended ratifying without reservation the 1951 Convention relating to the Status of Refugees and the 1967 Protocol.10 3. JS11, JS6 and ICJ recommended ratification of the OP-CRC-AC, while taking all feasible measures to protect children affected by armed conflict. ICJ recommended ratification of OP-CRC-IC.11 2. Constitutional and legislative framework 4. JS14 noted that Pakistan has done little to incorporate human rights treaties into domestic laws and JS7 recommended proper implementation of signed and ratified international treaties and conventions, ensuring that provisions are made for provincial level implementation.12 JS10 noted the 18th amendment to Pakistan's Constitution devolved many federal government powers to the provinces.13

55 The present document was not edited before being sent to United Nations translation services.

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5. JS14 noted Pakistani law does not have jurisdiction over the Federally Administered Tribal Areas (FATA) and the Malakand division of Khyber Pakhtunkwa. Residents there do not enjoy basic human rights guaranteed in the Constitution. Similarly, recently passed laws to protect women‗s rights are not applicable in these areas. JS14 recommended extending the jurisdiction of the High Court and Supreme Court to the FATA and abolishing the Nizam-el-Adl regulations.14 6. JS10 recommended the criminalization of torture and ensures effective, independent investigations into all allegations of torture.15 7. JS11 regretted that the Criminal Laws (Child Protection) Amendment Bill 2009 was not passed, and recommended its immediate adoption and implementation. CRIN also recommended raising the minimum age of criminal responsibility. JS11 and JS10 recommended that by 2013 the Government should introduce an amendment in the Zina and Hadood Ordinances and in the Child Marriages Restraint Act.16 JS11 recommended ensuring that Juvenile Justice Ordinance overrides laws for the FATA and Provincially Administrated Tribal Areas which give extensive power to the Armed Forces.17 JS8 noted discriminating provisions against religious minorities and restricting freedom of religion and belief that are embedded in several laws and in Pakistan‗s Constitution. Despite positive legislative measures supporting minorities, effective implementation is lacking.18 CSW, STP, JS7, JS8 and JS14 were concerned over Pakistan‗s blasphemy laws and anti-Ahmadiyya provisions, while JS8 recommended the removal of the death penalty for blasphemy.19 JS7 and JS14 recommended that religious discrimination be removed from the Constitution, laws and policies while adding a section in the Penal Code that makes advocacy of religious hatred or incitement to discrimination or violence a punishable offence.20 8. CHRI stated that there are no laws to protect against discrimination on the basis of sexual orientation, and recommended a moratorium on public prosecutions under section 377 of the criminal code and a process to repeal section 377.21 9. JS13 and JS6 stated that women in Pakistan still face challenges in enjoying equal rights as full citizens, especially women from minority groups and recommended that the Provinces institute legislation in areas such as domestic violence and ensure the implementation of existing legislation.22 10. JS13 recommended passing legislation to provide adequate safety and compensation to home based workers.23 3. Institutional and human rights infrastructure and policy measures 11. JS7 and CHRI stated that certain provisions added by the Senate to the amended bill on the National Human Rights Commission limit the powers of the proposed Commission to investigate and deal with human rights violations committed by certain agencies. JS8 had serious concerns over the independence of any such Commission and its ability to impartially carry out its duties.24 12. JS14 noted that a law was recently passed to establish the National Commission on the Status of Women with financial and administrative powers aimed at promoting social, economic, political and legal rights of women.25 JS11 also urged the National Commission on the Rights of Children be provided adequate financial support.26

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13. JS11 demanded the Government develop strategies, programmes and policies to stop child recruitment by non-state-actors.27 ICJ called upon the Working Group and the Human Rights Council to urge for the adoption of a National Child Protection Policy.28 14. JS7 noted anti-bonded labour laws are not implemented, and recommended a review of the Bonded Labour System (Abolition) Act, 1992, and the Bonded Labour System (Abolition) Rules, 1995, and development of an action plan addressing failure to implement and enforce them.29 15. JS14 and CHRI recommended wider consultation and involvement of civil society in the UPR follow up process.30 16. CSW recommended Pakistan implement the recommendations of the National Assembly‗s Standing Committee on Minorities from 2009 aimed at making it a more meaningful and accessible body.31 B. Cooperation with human rights mechanisms 1. Cooperation with treaty bodies 17. JS14 urged the Government to submit the required information on concluding observations by committees on CERD and CRC to Committees and civil society organizations.32 ICJ recommended providing without delay the initial periodic reports to CAT, the CESCR, and HRC, and the combined 21st and 22nd periodic reports, as well as the requested additional information, to the CERD.33 2. Cooperation with special procedures 18. HRCP noted that Pakistan has not accepted outstanding requests for visits by Special Procedures. JS10, JS2, JS14, CHRI and CSW recommended Pakistan extend invitations on response to pending requests, issue a standing invitation to all Human Rights Council‗s Special Procedures,34 and promptly respond to outstanding correspondence from Special Procedures mandates.35 JS10 urged for the Special Rapporteur (SR) on torture and the Working Group on Enforced or Involuntary Disappearances be invited to conduct a country visit as a priority.36 HRW recommended inviting the SR on extrajudicial, summary or arbitrary executions and on freedom of religion and belief.37 JS10 and JS2 recommended inviting the SR on human rights defenders without delay.38 JS9 recommended inviting the SR on contemporary forms of slavery.39 JS2 recommended inviting the SR on freedom of expression and on freedom of assembly and association.40 C. Implementation of international human rights obligations, taking into account applicable international humanitarian law 1. Equality and non-discrimination 19. JS10 and JS11 noted that Pakistan has been unable to address issues of serious discrimination against women and girls and many structural and legal obstacles remain. Women face discrimination in all facets of life and brutal treatment. JS14 noted that the Federal Shariat Court encroaches upon the legislative authority of parliament and the powers and functioning of the mainstream judiciary.41 20. AI noted that women continue to face discrimination and violence in the home and workplace, in public life, from extremist groups, and from laws governing inheritance and evidence.42 PFP

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noted that women also face discrimination in family law, property law, and the judicial system.43 JS6 recommended adoption of an affirmative action policy by increasing the quota for women in the public sector, including reservation for minority women.44 21. JS9 noted that the Government has taken no specific action since the first UPR to eliminate the practice of discrimination on the basis of caste or eradicate poverty amongst Dalits (known as Scheduled Castes). Hindus and Christians suffer discrimination. JS9 recommended taking specific steps to eliminate discrimination against Dalits who face double discrimination, victimized within the Hindu community by Hindus, 45 and called for serious measures to strengthen efforts to equal access to basic services.46 2. Right to life, liberty and security of the person 22. AI acknowledged that no executions have been carried out since late 2008 yet more than 8,000 prisoners remain on death row. According to HRCP 27 offences retain the death penalty.47 AI and HRI recommended immediately establishing a moratorium on all executions and having all death sentences commuted to terms of imprisonment.48 HRI and CRIN noted that children are liable to the death penalty for drug related offences and also under other laws such as for hadd offences or Zina and recommended a prohibition on sentences of death, corporal punishment and life imprisonment in all areas.49 23. HRW and AI noted high levels of violence in Karachi with hundreds killed in 2010-2011. HRW reported that across Balochistan since January 2011, at least 300 people have been abducted and

killed and their bodies abandoned—acts widely referred to as ―kill and dump‖ operations, in which Pakistani security forces engaged in counterinsurgency operations may be responsible.50 24. HRCP reported that 329 political activists were killed there in 2011.51 JS10 and JS14 reported that Pakistan is amongst the countries with the highest numbers of forced disappearances worldwide. Liberation noted that forced disappearances are related to extrajudicial killings.52 JS10 observed that forced disappearances are part of a pattern that includes other serious violations.53 UNPO, HRW and JS14 recommended the immediate clarification of the whereabouts of all disappeared persons and the launch of transparent investigations of each case; ensuring perpetrators are identified and prosecuted.54 AI noted that Pakistan continues to use secret detention against suspected insurgents, political activists and ordinary citizens.55 HRW and AI noted increased disappearances in Balochistan since 2008.56 AI noted that since 2010, an increasing number of victims of enforced disappearance have been found dead across the province, reportedly with marks of torture on their bodies. Amnesty International‗s own research indicates that at least 249 Baloch activists were disappeared or unlawfully killed between 24 October 2010 and 10 September 2011 alone. AI reported that victims‗families accuse the security forces, especially the Frontiers Corps and intelligence services, of being responsible for the disappearances and killings, and recommended that security personnel suspected of involvement in violations be suspended from active duty and brought to justice.57 25. AI noted that ethnic Baloch involved in political or human rights activism or independent journalism have also been abducted, disappeared or extra judicially executed, reportedly by state security forces or their proxies.58 HRW and JS14 noted that Baloch nationalists and other militant groups have also stepped up attacks on non-Baloch civilians including security forces.59

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26. AI observed that since the last review, there has been a range of human rights violations and breaches of the laws of war by state and non-state groups in the Taleban insurgency-hit Federally Administered Tribal Areas (FATA) and Khyber Pakthunkhwa province. Counter-insurgency operations often fail to abide by the laws of war.60 27. IHRC strongly condemned killings of civilians in drone attacks as they constitute a grave breach of human rights. IHRC called on the Government to disclose details of the legal and factual basis for their authorization and noted the Government has secretly shared intelligence with the United States. IHRC also recommended monitoring civilian causalities and seeking redress on behalf of the victims, putting an end to the facilitation of drone attacks, in addition to provision of redress to victims of attacks with compensation related to its own complicity, for the authorization of drone strikes carried out by the United States in the territory of Pakistan.61 28. JS10 stated that human rights defenders (HRDs) remain subject to serious violations by State and Non-State actors, while the Government has failed to establish an effective national policy for their protection or to combat impunity.62 29. HRCP noted that prison conditions are extremely poor and fail to meet international standards. Overcrowding is widespread often double of prison capacity in particular in Punjab province.63 30. JS7 noted positive progress in relation to discriminatory laws against women, however gaps remain with laws against violence.64 IHRC and JS6 questioned the effectiveness of the Domestic Violence (Prevention and Protection) Bill, 65 and called for the passage and implementation of the domestic violence and protection against harassment of women bill.66 31. JS14, JS13, AI and PFP noted that domestic and sexual violence, including rape; marital rape,

acid throwing, burning, and ―honor‖ killings are still widespread in Pakistan. Women and girls from remote and rural communities are subject to ―honor crimes and ―swara (handing over girls and women to settle disputes).67 JS10 and JS11 believed that 70% of perpetrators go unpunished, which AI recommended the Government address.68 PFP and JS11 recommended enforcing legislation preventing honor killings and ending the Jirga system (tribal assembly of elders) determining women‗s and girls‗fates. Strong and independent preventive and protective mechanisms are needed to deal with harmful traditional practices.69 JS7 recommended specific related section of the Criminal Procedure Code be abolished.70 32. CSW stated that abduction, forced marriage and forcible conversion of Christian and Hindu women and girls have increased.71 BPCA noted that the kidnapping and rape (sometimes as young as 10) are widespread. Victims are often forced to convert to Islam, and then married to an alleged perpetrator. BPCA referred to a sex-slave trade, facilitated by prejudice, and blamed police for lack of protection and considered the State to be complicit when courts endorse forced marriages and conversions by ordering the victims to be returned to their attacker/‗husband‗.72 Liberation noted the failure to investigate and prosecute the growing number of abductions, forced marriages and forced conversions, as well as the failure to investigate and prosecute the growing number of kidnapping for ransom of Hindus and provided suggestions to rectify this issue.73 33. ECLJ noted that Christian women have frequently reported sexual assaults by Muslims.74 JS13 recommended the amendment of the definition of rape.75

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34. JS11 noted that children under the age of 18 years can be recruited into the armed forces, while they do not take part in combat. JS11 observed that children were forced by non-state actors to carryout suicide attacks, plant explosives and transport munitions. They are also recruited into illegal armed militant groups.76 35. EN recommended amending existing trafficking legislation or introducing new legislation to criminalize domestic trafficking in order to protect children from being trafficked into domestic servitude.77 JS1 and JS2 recommended amending provisions on prostitution to ensure a clear definition of child prostitution and to criminalize all acts of obtaining, procuring or providing a child for prostitution.78 EN recommended the Government eradicate child labor in all its forms. JS6 reported 8-10 million children under 18 work including 3.8 million under 14. About 1.2 million children live on the streets in Pakistan‗s largest cities. JS6 recommended formulating and implementing effective legislation that complies with the ILO Conventions 138 and 182.79 JS9 and JS11 noted there has been an alarming increase in child labour after the earthquake in 2005 and floods in 2010 and 2011.80 36. JS12 estimated that 30 percent of all marriages are child marriages. JS1 recommended, among others, the Child Marriage Restraint Act (1929) be amended and strengthened, and noted conflicting laws such as Shariah law provide for legal loopholes regarding child marriage.81 37. GIECP, JS6 and JS11 noted that corporal punishment is widespread in all settings across the country, that it is also legal and the government is not adopting the Prohibition of Corporal Punishment Bill.82 JS14 was particularly concerned about the provisions for corporal punishment provided by Section 89 of the Pakistan Penal Code and several pending child rights Bills.83 3. Administration of justice, including impunity, and the rule of law 38. ICJ called upon Pakistan to respect the independence of the judiciary.84 JS10 noted the widespread corruption in the country‗s lower judiciary, interference by powerful groups in the course of justice, and recommended reform of rule of law institutions with particular focus on the police and judiciary.85 AI, JS2, JS8 and JS10 noted that Pakistan has not improved its extremely poor record of investigating and bringing to justice members of the security forces and intelligence agencies implicated in human rights violations.86 39. JS7 noted the existence multiple and parallel judicial systems as well as apparent discrepancies between local and national judicial systems are all hindrances to the proper administration of justice. JS7 reported court rulings are frequently overturned by popular demand and/or the support of political parties.87 40. JS14 recommended immediately starting negotiations with estranged elements for conflict resolution in Balochistan and to end forced disappearances, as well as investigation of all incidents of alleged human rights violations by security forces.88 JS7 noted that intelligence agencies hamper the proper investigation of cases.89 41. CSW and HRF recommended bringing to justice those responsible for the assassinations of Minister Shahbaz Bhatti and Governor Salmaan Taseer, and steps are taken to ensure judicial rulings are not influenced by the threat of mob violence.90

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42. JS10 and JS14 noted that both state and non-state actors target journalists with threats and attacks. JS14 reported the killing of many journalists in 2010-2011. HRCP noted many credible accounts of security services personnel being involved in threatening, torturing and kidnapping media workers. JS14 and CHRI recommended all cases of violence against journalists be investigated and prosecuted.91 43. HRCP, JS4 and JS14 considered that the Government failed to provide a safe environment for those working to promote and defend human rights and no action is taken against perpetrators.92 JS4 noted that the attacks are particularly endemic in Balochistan, Khyber Pakhtunkhwa and FATA where many credible accounts allege members of the Frontier Corps frequently engage in abductions.93 AI observed that security forces in the NWFP Administered Tribal Areas affected by the Taleban insurgency enjoy sweeping powers.94 44. JS6 stated that in relation to women and traditional justice, the Supreme Court on 27 May 2011 declared Jirga activities with regard to settlement of dispute over honor killing, constituting contempt of court. Despite this decision, there is no reported case of punishment of Jirga participants by the courts and they continue to enjoy impunity.95 45. CRIN noted Child offenders in Pakistan may lawfully be sentenced to corporal punishment, life imprisonment and the death penalty. For example, under the Control of Narcotic Substances Act and the Anti-Terrorism Act, as the law is complex and unclear, these sentences remain lawful. It also noted that different Ordinances, punishments with whipping are permitted, with no appropriate juvenile justice protection safeguards.96 4. Right to privacy, marriage and family life 46. PFP noted that early marriages are common in the society; they are linked with religion and social custom, perceptions and attitudes of mothers-in-law.97 47. JS5 noted Pakistan currently hosts the world‗s largest online biometric database of its citizens. The safety of information online and privacy are becoming a huge challenge.98 5. Freedom of movement 48. AMC recommended the removal of Passport and National Identity Declarations pertaining to them and reported that the declaration of faith is aimed at preventing them from performing Hajj and forces them to renounce their identity as Muslims, in order to obtain basic travel documents and this constitutes incitement to discrimination and hostility against them.99 6. Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life 49. AI, HRF and JS10 noted that despite Pakistan having accepted several recommendations to guarantee freedom of religion in law and practice, religious discrimination, harassment and attacks on minorities continue unabated, and with impunity.100 HRW stated that members of the Ahmadi community continue to be targeted for blasphemy prosecutions and face increasing social discrimination.101 JS3 noted that existing blasphemy laws challenge the right to freedom of religion or beliefs provided by the Constitution.102 JS3 urged Pakistan to repeal its discriminatory laws and end practices, such as hate speech against religious minorities and provide a safe environment for all citizens.103 HRF, AI, and JS8 observed that since the 2008 UPR, blasphemy laws have increasingly

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been used to persecute religious minorities and have been a pretext for growing religious extremism and vigilantism.104 JS4, BWA and RWB also noted that those provisions are used to target ethnic and religious minorities to limit their freedom of expression in an arbitrary and discriminatory manner and called on their alignment with the principles of freedom of thought, conscience and religion. STP, JS3, BPCA and CSW urged Pakistan to urgently repeal the blasphemy law.105 CSW, STP, JS7 and JS14 were concerned with the number of reported cases and deaths following blasphemy accusations.106 ADF provided examples of those accused of blasphemy—even if found innocent—murdered by vigilantes.107 JS8 recommended ensuring that cases of blasphemy are properly and impartially investigated and those who have been imprisoned without adequate investigation or trial be released.108 HRF noted the accused are routinely subject to mistreatment and torture in jails.109 50. JS8 observed and investigated a large number of incidents of violence against religious minority communities, against their businesses, homes and places of worship.110 JS8 was concerned at the systematic nature of kidnapping young Christian or Hindu girl put in isolated, subject to intimidation, sexual violence and rape and then coerced to testify in court that she willingly converted to Islam.111 51. ECLJ noted that Pakistan has restricted freedom of expression by subordinating it to Shariah and creating a repressive environment in which anyone may be punished for any action deemed inconsistent with Islam.112 52. JS7 reported that Pakistan has made no progress in developing a policy on the protection of human rights defenders, nor has it made serious efforts to structurally investigate attacks on HRDs. JS7 recommended enacting legislation to protect them.113 HRW observed that security forces have attacked media offices and are known to torture, kidnap, illegally detain, beat and coerce local, regional and national reporters.114 AI, STP, and RWB indicated that media workers risk harassment, abduction, torture, and death at the hands of the Army, intelligence agencies, security forces, insurgents, religious extremists, political activists and the public. JS14 and CHRI recommended investigating and prosecuting killings of journalists, and the repeal of laws restricting freedom of information.115 JS2 noted that human rights activists, leaders of political opposition movements, journalists and students have also been targeted.116 53. RWB, JS2, and JS5 reported more news stations blocked since 2008 and the Government has recently announced that it will establish an electronic barrier to filter the Internet, further restricting the flow of information.117 JS5 recommended ensuring the freedom of Internet by removing all restrictions on accessing the Internet and adopting a law on the Right to Information.118 54. JS4 continued to be concerned about the provisions of the Telecommunications Act, 1996 allowing for monitoring telecommunications without prior judicial authorization.119 55. AMC noted Pakistan marginalized Ahmadi Muslims by placing them on a separate electoral roll. Non-Muslim minorities, including Christians and Hindus, could only vote for non-Muslim candidates, comprising 5 percent of the National Assembly seats. In order to vote, they were forced

to register on ―non-Muslim‖ electoral rolls which may effectively deprive some of them this right and recommended the repeal of Chief Executive‗s Order No. 15, and permit them to vote alongside all other Pakistanis.120

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56. HRCP reported on an agreement between all contesting parties, barring women from voting in provincial by-elections in a specific district, and that no government action was taken to challenge it.121 57. JS7 noted that despite having governmental representation, women remain outside central governing decision-making bodies, as well as managerial/influential positions.122 JS13 recommended increasing women‗s seats in Parliament and Provincial Assemblies to 33%.123 7. Right to work and to just and favorable conditions of work 58. EN noted that Pakistan‗s Employment of Children Act does not ban domestic work and failed to outlaw child domestic servitude which remains in force until provincial governments enact similar laws prohibiting it.124 59. JS14 noted that three out of four provinces passed their own Industrial Relations Act. However, labour unions rejected them as anti-labour and short of minimum international standards of ILO. The Punjab Government restricted the right to unionization by raising the minimum number of workers to 50.125 60. ICJ called for the enactment of laws to hold business enterprises, whether private or publicly owned, liable for human rights abuses and to provide for effective redress for victims and the implementation of existing laws for the protection of labour rights.126 8. Right to social security and to an adequate standard of living 61. JS7 stated that approximately 80% of minority women live in poverty, with little or no education. Many minority women also belong to Scheduled Castes, further lowering their social positions.127 62. JS11 noted that less than 0.5% of GDP and less than 2% of the overall budget is allocated to the realization of children‗s rights.128 63. BPCA reported that in the aftermath of the 2010 and 2011 floods, Christian and minority victims were regularly and routinely denied aid, medicine, shelter and food by both Government and Islamic aid agencies and centers. BPCA noted that many poor Christian families are kept in what amounts to bonded servitude or slavery because of debts to employers, frequently incurred to pay for medicines or other essentials for their families.129 9. Rights to health 64. HRCP noted that allocations for health in the combined federal and provincial governments‗budgets were reduced to only 2.03% in 2011-2012.130 65. JS14 noted that in 2011 hundreds of people died due to dengue fever. The government and health authorities have not developed any plan to eradicate epidemics. Total public sector expenditure on health, for both federal as well as provincial Governments, in the current fiscal year (2010-11) was only 0.23 percent of GDP. JS14 recommended establishing a mechanism on the progressive realization of the right to health by increasing related spending to at least 5% of GDP.131

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66. JS7 noted discrimination in access to health and that awareness of women‗s reproductive rights is low. FATA has one health facility for every 50 square kilometres.132 PFP noted Pakistan has one of the highest rates of maternal deaths in Asia. Each year 30,000 women die due to pregnancy related reasons. Nearly 90% of women deliver at home without skilled birth attendants.133 10. Right to education 67. HRCP and JS7 noted the Government did not make the required financial commitment to realize this right and was unlikely to meet the MDG on universal primary education by 2015.134 JS6, JS11, JS14, noted that although the Constitution provides free and compulsory education to all children aged 5-16, low investment has resulted in poor education and low literacy (just over 50%).135 68. JS6 stated that schools are in poor condition and poorly equipped and noted that whilst the tuition fees in government schools may be low, the monetary cost of purchasing books and school uniforms prevent access to education among the poorer families.136 69. JS14 noted the curricula for schools and colleges are loaded with so-called religious material laden with biases and recommended removing material instigating discrimination and hatred towards religious minorities.137 70. JS9 recommended the Government take serious measures to ensure equal access to education, including for children from the Scheduled Caste community.138 11. Persons with disabilities 71. JS11 noted that in 2011, Pakistan ratified CRPD, but has not implemented a national policy for persons with disabilities, nor improved physical access of children with disabilities to public service buildings, schools or recreational facilities.139 72. AI recommended the prohibition of the death penalty for anyone suffering from a mental disability.140 12. Minorities 73. AI stated that Pakistan failed to implement several UPR recommendations, including those on freedom of religion and protection of religious minorities.141 JS3 and JS2 reported an increase in violent attacks on minorities and religious groups such as Christians, Ahamadis and Shia Muslims. Hate speech propagated by extremists and militant religious groups is increasing. Killing Ahmadis is not considered a crime.142 JS7 recommended a new census be conducted; including segregated data on the number of minorities and ethnic groups.143 AMC stated the Ahmadi firmly believed they are Muslim and believe in the five pillars of Islam.144 JS14 stated no measures are in place preventing forced conversions of members of Scheduled Casts, especially young girls from minorities.145 74. JS13 stated that Hindus and Christians face social discrimination and stigma based on stereotypes. A bill providing for registration of Hindu marriages has not progressed. JS13 recommended the removal of all forms of discrimination against non-Muslims, and that national identity cards be issued for Hindu women.146 JS14 recommended, inter alia, the adoption of bills regarding Hindu and Christians Personal laws, with due consultation.147

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75. UNPO stated aid efforts were discriminatory in certain parts of the country and noted the lack of Government action towards Sindh, Balochistan and Gilgit-Baltistan, which increased marginalization.148 76. CSW recommended Pakistan accelerate and priorities the reform of the national school curriculum to eliminate discriminatory teaching materials and practice.149 77. HRCP noted growing extremism and intolerance, and the failure to bring to justice perpetrators of violence and hate speech. The official Commission on Minorities was ineffective.150 13. Migrants, refugees and asylum-seekers 78. STP noted that on 8 August 2011, Pakistani authorities in contrary to human rights obligations, deported five Uyghurs to their home country, where they may be at risk of imprisonment or the death sentence.151 14. Internally displaced persons 79. HRCP noted that Pakistan has faced large-scale displacement since 2008, due to natural disasters and armed conflict. There are over 1.2 million internally displaced persons (IDPs) in relief camps in 2011.152 NRC noted conflict between the armed forces and non-state armed actors as well as local and tribal clashes has displaced millions within the FATA and the Pashtu-dominated Khyber Pakhtunkhwa in North West Pakistan since 2007. IDMC recommended the Government protect civilians from forcible displacement.153 JS14 and IDMC called on the Government to address the lack of a comprehensive IDP policy.154 UNPO recommended taking action to assist people who remained displaced after the floods.155 80. JS14 recommended incorporating human rights education in the curriculum of educational institutions, and that the security of women and children living in IDP camps be ensured.156 15. Right to development and environmental issues 81. JS11 recommended the Government, in order to meet its MDG targets, develop and implement comprehensive programs to prevent and respond to food security and malnutrition and adopt policies at the federal and provincial levels to make some immunizations compulsory.157 16. Human rights and counter-terrorism 82. JS7 noted consecutive governments used anti-terrorism laws to further their own interests, suppress political opponents and prolong their rule. JS7 recommended anti-terrorism legislation not be used to prevent freedom of speech. 158 JS5 claimed that in the name of -National Security‗ and fighting- War on Terror‗, the government is imposing a massive surveillance regime.159 UNPO called for the revision of laws giving a broad mandate to police to arrest and detain suspects without clearly defined charges, including the Anti-Terrorism Act of 1997.160 83. JS14 noted targeted killings, terrorist attacks and military operations continue and recommended taking legislative and administrative steps to avoid loss of life, including a well-defined policy to combat terrorism.161 1 The stakeholders listed below have contributed information for this summary; the full texts of all original submissions are available at: www.ohchr.org.

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Notes 1. Civil Society AMC Ahmadiyya Muslim Lawyers Association, USA; AI Amnesty International*, London, United Kingdom; ADF Alliance Defense Fund, Pakistan; BPCA British Pakistani Christian Association, United Kingdom; BWA Baptist World Alliance, USA; CHRI Commonwealth Human Rights Initiative*, New Delhi, India; CRIN Child Rights International Network, London, United Kingdom; CSW Christian Solidarity Worldwide, New Malden, United Kingdom; EN Equality Now, USA; ECLJ European Centre for Law and Justice , France; GIECP Global Initiative to End All Corporal Punishment of Children, London, United Kingdom; HRI Harm Reduction International; HRF Human Rights First*, New York, NY, USA; HRW Human Rights Watch*, New York, NY, USA; HRCP Human Rights Commission of Pakistan, Pakistan; ICJ International Commission of Jurists*, Geneva, Switzerland; IDMC International Displacement Monitoring Centre of the Norwegian Refugee Council, Geneva, Switzerland; IHRC Islamic Human Rights Commission, London, United Kingdom; JS1 Joint submission (1) of Pakistan Pediatric Association (PPA), ECPAT international and Acting for Life, Lahore, Pakistan; JS2 Joint submission (2) of CIVICUS: World Alliance for Citizen Participation and the Pakistan NGOs Forum (PNF), Mithi, Pakistan; JS3 Joint submission (3) of International Association for Religious Freedom (IARF) and South Asia Centre for Peace (SACP); JS4 Joint submission (4) of ARTICLE 19 and BoloBhi‗s; JS5 Joint submission (5) of Bytes for All (B4A), Pakistan, Association for Progressive Communications (APC) and Freedom House (FH); JS6 Joint submission (JS6) of Marist International Solidarity Foundation (FMSI), Franciscans International (FI), Dominicans for Justice and Peace: Order of Preachers, VIVAT International; JS7 Joint submission (5) of Justitia et Pax and 10 Pakistani CSOs; JS8 Joint submission (JS8) of Global Human Rights Defence, (GHRD) and Human Rights Focus Pakistan, Faisalabad (HRFP); JS9 Joint submission (JS9) of the International Dalit Solidarity Network (IDSN) and the Pakistan Dalit Solidarity Network (PDSN); JS10 Joint submission (JS10) of the Asian Legal Resource Centre (ALRC) and Action by Christians Against Torture France (ACAT-France); JS11 Joint submission (JS11) of the Child Rights Movement (CRM); JS12 Joint submission (JS12) of Rahnuma Family Planning Association of Pakistan (FPAP), the MDG5b Alliance and the Sexual Rights Initiative (SRI); JS13 Joint Submission (JS13) of Shirkat Gah on behalf of Aurat Foundation, Home Net Pakistan, Bedari, Church of Pakistan-Lahore Diocese, Simorgh, Sudhar Development Organization, Women in Struggle for Empowerment (WISE), Ittehad Foundation and Women‗s Organization for Rights and Development (WORD);

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JS14 Joint Submission (JS14) of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan; Liberation Liberation, United Kingdom; PFP Peace Foundation Pakistan; RWB Reporters without Borders, Geneva, Switzerland; STP Society for Threatened Peoples; UNPO Unrepresented Nations and Peoples Organization, The Hague, Netherlands. 2 Human Rights Watch (HRW), p. 1. 3 Joint submission by the Asian Legal Resource Centre (ALRC) and Action by Christians Against Torture France (ACAT-France) (JS10), p.3. See also [Joint submission by the Asian Legal Resource Centre (ALRC) and Action by Christians Against Torture France (ACAT-France) (JS10), p. 1.Amnesty International (AI), p. 3. Unrepresented Nations and Peoples Organization (UNPO), p. 4, 5. 4 British Pakistani Christian Association (BPCA), p.5. See also Joint submission by the Asian Legal Resource Centre (ALRC) and Action by Christians against Torture France (ACAT-France) (JS10), p. 4. 5 The International Commission of Jurists (ICJ), p. 4. 6 See also Christian Solidarity Worldwide (CSW). 7 Amnesty International (AI), p. 1. 8 Joint Submission of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, (JS14), p. 2. 9 Joint Submission by_ECPAT & Others (JS1) p.3. 10 Unrepresented Nations and Peoples Organization (UNPO), p. 4,5. 11 Joint submission prepared by the Child Rights Movement (CRM) (JS11), p. 1, Marist International Solidarity Foundation (FMSI), Franciscans International (FI), Dominicans for Justice and Peace: Order of Preachers, VIVAT International (JS6) p. 3 and the International Commission of Jurists (ICJ), p. 4. 12 Justitia et Pax and 10 Pakistani CSOs (JS7) p. 5 and Joint Submission of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, (JS14), p. 2. 13 Joint submission by the Asian Legal Resource Centre (ALRC) and Action by Christians Against Torture France (ACAT-France) (JS10), p.1. 14 Joint Submission of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, (JS14), p. 10,18. 15 See also Joint submission by the Asian Legal Resource Centre (ALRC) and Action by Christians against Torture France (ACAT-France) (JS10), p.4. 16 Joint submission prepared by the Child Rights Movement (CRM) (JS11), p. 1, 2, 3 and Joint submission by the Asian Legal Resource Centre (ALRC) and Action by Christians Against Torture France (ACAT-France) (JS10), p.6. Child Rights International Network (CRIN), p. 1, 2. 17 Joint submission prepared by the Child Rights Movement (CRM) (JS11), p. 5.

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18 Joint submission of Global Human Rights Defence, The Hague (―GHRD‖ ) and Human Rights

Focus Pakistan, Faisalabad (―HRFP‖ ) (JS8) p. 1. 19 Christian Solidarity Worldwide (CSW), p.1, 2. Society for Threatened Peoples (STP), p. 2. and

Joint submission of Global Human Rights Defence, The Hague (―GHRD‖ ) and Human Rights

Focus Pakistan, Faisalabad (―HRFP‖ ) (JS8) p. 2 and Justitia et Pax and 10 Pakistani CSOs (JS7) p. 3. 20 Justitia et Pax and 10 Pakistani CSOs (JS7) p. 3. Joint Submission of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, (JS14), p. 5. See also JS4, ARTICLE 19 and BoloBhi‗s p. 1. 21 Commonwealth Human Rights Initiative (CHRI), p.2. 22 Joint Submission made by Shirkat Gah on behalf of Aurat Foundation, Home Net Pakistan, Bedari, Church of Pakistan-Lahore Diocese, Simorgh, Sudhar Development Organization, Women in Struggle for Empowerment (WISE), Ittehad Foundation and Women‗s Organization for Rights and Development (WORD) (JS13),p. 3. Marist International Solidarity Foundation (FMSI), Franciscans International (FI), Dominicans for Justice and Peace: Order of Preachers, VIVAT International (JS6) p. 3. 23 Joint Submission made by Shirkat Gah on behalf of Aurat Foundation, Home Net Pakistan, Bedari, Church of Pakistan-Lahore Diocese, Simorgh, Sudhar Development Organization, Women in Struggle for Empowerment (WISE), Ittehad Foundation and Women‗s Organization for Rights and Development (WORD) (JS13),p. 4. 24 Justitia et Pax and 10 Pakistani CSOs (JS7) p. 5. Commonwealth Human Rights Initiative

(CHRI), p.2. Joint submission of Global Human Rights Defence, The Hague (―GHRD‖ ) and

Human Rights Focus Pakistan, Faisalabad (―HRFP‖ ) (JS8) p. 2. 25 Joint Submission of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, (JS14), p. 2. 26 Joint submission prepared by the Child Rights Movement (CRM) (JS11), p. 10. 27 Joint submission prepared by the Child Rights Movement (CRM) (JS11), p. 1. 28 The International Commission of Jurists (ICJ), p. 2, 3. 29 Justitia et Pax and 10 Pakistani CSOs (JS7) p. 4. 30 Joint Submission of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, (JS14), p. 16. Commonwealth Human Rights Initiative (CHRI), p.4. 31 Christian Solidarity Worldwide (CSW), p.2. 32 The International Commission of Jurists (ICJ), p. 4 and Joint Submission of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, (JS14), p. 17. 33 The International Commission of Jurists (ICJ), p. 4. 34 Human Rights Commission of Pakistan (HRCP), p. 3. Commonwealth Human Rights Initiative (CHRI), p.1. Joint Submission (JS14) of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation,

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Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, p. 12. 35 Christian Solidarity Worldwide (CSW), p.3. Joint submission by the Asian Legal Resource Centre (ALRC) and Action by Christians Against Torture France (ACAT-France) (JS10), p.2. 36 Joint submission by the Asian Legal Resource Centre (ALRC) and Action by Christians Against Torture France (ACAT-France) (JS10), p.3, 4. 37 Human Rights Watch (HRW), p. 1, 3. 38 Joint submission by the Asian Legal Resource Centre (ALRC) and Action by Christians Against Torture France (ACAT-France) (JS10),p.5. Joint Submission by CIVICUS: World Alliance for Citizen Participation, NGO in General Consultative Status with ECOSOC and the Pakistan NGOs Forum (PNF) (JS2) p. 4. 39 Joint submission by the International Dalit Solidarity Network (IDSN) and the Pakistan Dalit Solidarity Network (PDSN) (JS9), p. 4. 40 Joint Submission by CIVICUS: World Alliance for Citizen Participation, NGO in General Consultative Status with ECOSOC and the Pakistan NGOs Forum (PNF) (JS2) p. 4. 41 Joint Submission of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, (JS14), p. 1. 42 Amnesty International (AI), p. 3. 43 Peace Foundation Pakistan (PFP), p. 4. 44 Marist International Solidarity Foundation (FMSI), Franciscans International (FI), Dominicans for Justice and Peace: Order of Preachers, VIVAT International (JS6) p. 4. 45 Joint submission by the International Dalit Solidarity Network (IDSN) and the Pakistan Dalit Solidarity Network (PDSN) (JS9), p. 1. 46 Joint submission by the International Dalit Solidarity Network (IDSN) and the Pakistan Dalit Solidarity Network (PDSN) (JS9), p. 1. 47 Amnesty International (AI), p. 3. Human Rights Commission of Pakistan (HRCP), p. 2. 48 Amnesty International (AI), p. 3. Harm Reduction International (HRI), p.1-3. 49 Child Rights International Network (CRIN), p. 1, 2. 50 Human Rights Watch (HRW), p. 1 51 Amnesty International (AI), p. 3.Human Rights Commission of Pakistan (HRCP), p. 1. 52 Liberation, p. 6. Joint submission by the Asian Legal Resource Centre (ALRC) and Action by Christians Against Torture France (ACAT-France) (JS10), p.3. Joint Submission of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, (JS14), p. 19. 53 Joint submission by the Asian Legal Resource Centre (ALRC) and Action by Christians Against Torture France (ACAT-France) (JS10), p.3. 54 Human Rights Watch (HRW), p. 1.Unrepresented Nations and Peoples Organization (UNPO), p. 1, 4, 5. 55 Amnesty International (AI), p. 3. 56 Joint Submission of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, (JS14), p.19. 57 Amnesty International (AI), p. 3. 58 Amnesty International (AI), p. 3.

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59 Human Rights Watch (HRW), p. 1 and Islamic Human Rights Commission, (IHRC), p.2, 3. 60 Amnesty International (AI), p. 3. 61 Islamic Human Rights Commission, (IHRC), p.1,4. 62 Joint submission by the Asian Legal Resource Centre (ALRC) and Action by Christians Against Torture France (ACAT-France) (JS10), p.5. 63 Human Rights Commission of Pakistan (HRCP), p. 3. 64 Justitia et Pax and 10 Pakistani CSOs (JS7) p. 10. 65 Marist International Solidarity Foundation (FMSI), Franciscans International (FI), Dominicans for Justice and Peace: Order of Preachers, VIVAT International (JS6) p. 1, 2. 66 Islamic Human Rights Commission, (IHRC), p.3, 4. 67 Peace Foundation Pakistan (PFP), p. 1. Joint Submission of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, (JS14) p. 8,9. Joint Submission made by Shirkat Gah on behalf of Aurat Foundation, Home Net Pakistan, Bedari, Church of Pakistan-Lahore Diocese, Simorgh, Sudhar Development Organization, Women in Struggle for Empowerment (WISE), Ittehad Foundation and Women‗s Organization for Rights and Development (WORD) (JS13),p. 6. Amnesty International (AI), p. 3. Amnesty International (AI), p. 3. 68 Joint submission by the Asian Legal Resource Centre (ALRC) and Action by Christians Against Torture France (ACAT-France) (JS10), p.6. Joint submission prepared by the Child Rights Movement (CRM) (JS11), p. 7. Amnesty International (AI), p. 3. 69 Peace Foundation Pakistan (PFP), p. 3,5.Joint submission prepared by the Child Rights Movement (CRM) (JS11), p. 7. 70 Justitia et Pax and 10 Pakistani CSOs (JS7) p. 10. 71 Christian Solidarity Worldwide (CSW), p.4,5. 72 British Pakistani Christian Association (BPCA), p.4. 73 Liberation, p.3, 5. 6 and 8. 74 European Centre for Law and Justice (ECLJ), p.3. 75 Joint Submission made by Shirkat Gah on behalf of Aurat Foundation, Home Net Pakistan, Bedari, Church of Pakistan-Lahore Diocese, Simorgh, Sudhar Development Organization, Women in Struggle for Empowerment (WISE), Ittehad Foundation and Women‗s Organization for Rights and Development (WORD) (JS13),p. 4. 76 Joint submission prepared by the Child Rights Movement (CRM) (JS11), p. 1, see also Marist International Solidarity Foundation (FMSI), Franciscans International (FI), Dominicans for Justice and Peace: Order of Preachers, VIVAT International (JS6) p. 3 and the International Commission of Jurists (ICJ), p. 4. 77 Equality Now, p. 1-4 78 Joint Submission by_ECPAT & Others (JS1) p.4,6. Joint Submission by CIVICUS: World Alliance for Citizen Participation, NGO in General Consultative Status with ECOSOC and the Pakistan NGOs Forum (PNF) (JS2) p. 4. 79 Equality Now, p. 1-4. Marist International Solidarity Foundation (FMSI), Franciscans International (FI), Dominicans for Justice and Peace: Order of Preachers, VIVAT International (JS6) p. 2. 80 Joint submission prepared by the Child Rights Movement (CRM) (JS11), p. 4. Joint submission by the International Dalit Solidarity Network (IDSN) and the Pakistan Dalit Solidarity Network (PDSN) (JS9), p. 4.

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81 Joint submission by Rahnuma Family Planning Association of Pakistan (FPAP), the MDG5b Alliance and the Sexual Rights Initiative (SRI) (JS12), p.1,5. Joint Submission by_ECPAT & Others (JS1) p.7,8. 82 Global Initiative to End All Corporal Punishment of Children, London, United Kingdom, p. 2,3. [Joint submission prepared by the Child Rights Movement (CRM) (JS11), p. 7. Marist International Solidarity Foundation (FMSI), Franciscans International (FI), Dominicans for Justice and Peace: Order of Preachers, VIVAT International (JS6) p. 2. 83 Joint Submission of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, (JS14) p. 9,10. 84 The International Commission of Jurists (ICJ), p. 1. 85 Joint submission by the Asian Legal Resource Centre (ALRC) and Action by Christians Against Torture France (ACAT-France) (JS10), p.6. 86 Amnesty International (AI), p. 1. Joint submission by the Asian Legal Resource Centre (ALRC) and Action by Christians Against Torture France (ACAT-France) (JS10), p.5. Joint Submission by CIVICUS: World Alliance for Citizen Participation, NGO in General Consultative Status with ECOSOC and the Pakistan NGOs Forum (PNF) (JS2) p. 4. Joint submission by the Asian Legal Resource Centre (ALRC) and Action by Christians Against Torture France (ACAT-France)

(JS10),p.2. Joint submission of Global Human Rights Defence, The Hague (―GHRD‖ ) and

Human Rights Focus Pakistan, Faisalabad (―HRFP‖ ) (JS8) p. 5. 87 Justitia et Pax and 10 Pakistani CSOs (JS7) p. 3,5. 88 Joint Submission of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, (JS14) p. 19. 89 Justitia et Pax and 10 Pakistani CSOs (JS7) p. 7,8. 90 Christian Solidarity Worldwide (CSW), p.2, 5. Human Rights First, (HRF), p. 1. 91 Joint Submission of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, (JS14) p. 6. Joint submission by the Asian Legal Resource Centre (ALRC) and Action by Christians Against Torture France (ACAT-France) (JS10),p.6. Commonwealth Human Rights Initiative (CHRI), p.3. 92 Human Rights Commission of Pakistan (HRCP), p. 4. Joint Submission ARTICLE 19 and BoloBhi‗s (JS4) p. 1. 93 Joint Submission ARTICLE 19 and BoloBhi‗s (JS4)p. 1. 94 Amnesty International (AI), p. 1. 95 Marist International Solidarity Foundation (FMSI), Franciscans International (FI), Dominicans for Justice and Peace: Order of Preachers, VIVAT International (JS6) p. 3. 96 Child Rights International Network (CRIN), p. 1, 2,3. The Offence of Qazf (Enforcement of

Hadd) Ordinance qazf (false accusation of zina) is punishable with 80 ―stripes‖ and the Offence of Zina Ordinance, zina is punishable with whipping, at a public place, of 100 stripes. Children in FATA may be sentenced to whipping under the Frontier Crimes Regulation. 97 Peace Foundation Pakistan (PFP), p. 2. 98 Joint submission by Bytes for All (B4A), Pakistan, Association for Progressive Communications (APC) and Freedom House (FH),(JS5), p.4.

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99 Ahmadiyya Muslim AMC, p. 3. See also Society for Threatened Peoples (STP),p.1. 100 Human Rights First, (HRF), p. 1.Joint submission by the Asian Legal Resource Centre (ALRC) and Action by Christians Against Torture France (ACAT-France) (JS10),p.6 101 Human Rights Watch (HRW), p. 2. 102 Joint Submission by International Association for Religious Freedom (IARF) and South Asia Centre for Peace (SACP) (JS3) p. 1,2. 103 Joint Submission by International Association for Religious Freedom (IARF) and South Asia Centre for Peace (SACP) (JS3)p. 5. See also Christian Solidarity Worldwide (CSW),p.4. 104 Human Rights First, (HRF), p. 1. Joint submission of Global Human Rights Defence, The

Hague (―GHRD‖ ) and Human Rights Focus Pakistan, Faisalabad (―HRFP‖ ) (JS8) p. 2. Amnesty International (AI), p. 1, 2. 105 Joint Submission by International Association for Religious Freedom (IARF) and South Asia Centre for Peace (SACP) (JS3) p. 6, Society for Threatened Peoples (STP), p.2. Christian Solidarity Worldwide (CSW), p.1, 2. British Pakistani Christian Association (BPCA), p.5. See also Joint Submission ARTICLE 19 and BoloBhi‗s (JS4) p. 1, Baptist World Alliance (BWA), p.1. Reporters Without Borders (RWB),p. 2 and Baptist World Alliance (BWA), p.1,3. 106 Joint Submission by International Association for Religious Freedom (IARF) and South Asia Centre for Peace (SACP) (JS3) p. 6, Christian Solidarity Worldwide (CSW),p.1,2. and Society for Threatened Peoples (STP),p.2. Justitia et Pax and 10 Pakistani CSOs (JS7) p. 3. Joint Submission ARTICLE 19 and BoloBhi‗s (JS4)p. 1. Baptist World Alliance (BWA), p.1. 107 Alliance Defense Fund [ADF], p.1, 2.

108 Faisalabad (―HRFP‖ ) (JS8) p. 2. 109 Human Rights First, (HRF), p. 1.

110 Joint submission of Global Human Rights Defence, The Hague (―GHRD‖ ) and Human

Rights Focus Pakistan, Faisalabad (―HRFP‖ ) (JS8) p. 5.

111 Joint submission of Global Human Rights Defence, The Hague (―GHRD‖ ) and Human

Rights Focus Pakistan, Faisalabad (―HRFP‖ ) (JS8) p. 8. 112 European Centre for Law and Justice (ECLJ), p.1. 113 Justitia et Pax and 10 Pakistani CSOs (JS7) p. 1. 114 Human Rights Watch (HRW), p. 3. 115 Society for Threatened Peoples (STP), p.2. Reporters Without Borders (RWB),p. 2. Amnesty International (AI), p. 3. See also Joint Submission (JS14) of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, p. 6. Joint submission by the Asian Legal Resource Centre (ALRC) and Action by Christians Against Torture France (ACAT-France) (JS10),p.6. Commonwealth Human Rights Initiative (CHRI), p.3. 116 Joint Submission by CIVICUS: World Alliance for Citizen Participation, NGO in General Consultative Status with ECOSOC and the Pakistan NGOs Forum (PNF) (JS2) p. 2. 117 Reporters Without Borders (RWB),p. 2. Joint Submission by CIVICUS: World Alliance for Citizen Participation, NGO in General Consultative Status with ECOSOC and the Pakistan NGOs Forum (PNF) (JS2) p. 3. Joint submission by Bytes for All (B4A), Pakistan, Association for Progressive Communications (APC) and Freedom House (FH), (JS5), p.2. 118 Joint submission by Bytes for All (B4A), Pakistan, Association for Progressive Communications (APC) and Freedom House (FH), (JS5), p.5. 119 Joint Submission ARTICLE 19 and BoloBhi‗s (JS4)p. 4. 120 Ahmadiyya Muslim AMC, p. 2, 3.

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121 Human Rights Commission of Pakistan (HRCP), p. 1. Those districts are (Khyber Pakhtunkhwa province), Kohistan district (Khyber Pakhtunkhwa), and Mianwali district (Punjab province). 122 Justitia et Pax and 10 Pakistani CSOs (JS7) p. 9. 123 Joint Submission made by Shirkat Gah on behalf of Aurat Foundation, Home Net Pakistan, Bedari, Church of Pakistan-Lahore Diocese, Simorgh, Sudhar Development Organization, Women in Struggle for Empowerment (WISE), Ittehad Foundation and Women‗s Organization for Rights and Development (WORD) (JS13),p. 2. 124 Equality Now, p. 1-4. 125 Joint Submission (JS14) of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, p. 15. 126 The International Commission of Jurists (ICJ), p. 1, 3. 127 Justitia et Pax and 10 Pakistani CSOs (JS7) p. 5. 128 Joint submission prepared by the Child Rights Movement (CRM) (JS11), p. 1. 129 British Pakistani Christian Association (BPCA), p.3. 130 Human Rights Commission of Pakistan (HRCP), p. 2. 131 Joint Submission (JS14) of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, p. 13,14. 132 Justitia et Pax and 10 Pakistani CSOs (JS7) p. 10. 133 Peace Foundation Pakistan (PFP), p. 1. 134 Human Rights Commission of Pakistan (HRCP), p. 2. Justitia et Pax and 10 Pakistani CSOs (JS7) p. 8. 135 Marist International Solidarity Foundation (FMSI), Franciscans International (FI), Dominicans for Justice and Peace: Order of Preachers, VIVAT International (JS6) p. 1, 2. Joint Submission (JS14) of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, p. 9, 10, 12,13. Joint submission prepared by the Child Rights Movement (CRM) (JS11), p. 6. 136 Marist International Solidarity Foundation (FMSI), Franciscans International (FI), Dominicans for Justice and Peace: Order of Preachers, VIVAT International (JS6) p. 1, 2. 137 Joint Submission (JS14) of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, p. 9, 10, 12,13. 138 Joint submission by the International Dalit Solidarity Network (IDSN) and the Pakistan Dalit Solidarity Network (PDSN) (JS9), p. 4. 139 Joint submission prepared by the Child Rights Movement (CRM) (JS11), p. 9. 140 Amnesty International (AI), p. 3. 141 Amnesty International (AI), p. 1. 142 Joint Submission by CIVICUS: World Alliance for Citizen Participation, NGO in General Consultative Status with ECOSOC and the Pakistan NGOs Forum (PNF) (JS2) p. 2 Joint Submission by International Association for Religious Freedom (IARF) and South Asia Centre for Peace (SACP) (JS3)p. 3 ,4. 143 Justitia et Pax and 10 Pakistani CSOs (JS7) p. 5. 144 Ahmadiyya Muslim AMC, p. 1.

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145 Joint Submission (JS14) of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, p. 7. 146 Joint Submission made by Shirkat Gah on behalf of Aurat Foundation, Home Net Pakistan, Bedari, Church of Pakistan-Lahore Diocese, Simorgh, Sudhar Development Organization, Women in Struggle for Empowerment (WISE), Ittehad Foundation and Women‗s Organization for Rights and Development (WORD) (JS13),p. 5. 147 Joint Submission (JS14) of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, p. 7. 148 Unrepresented Nations and Peoples Organization (UNPO), p. 4,5. 149 Christian Solidarity Worldwide (CSW), p.4. 150 Human Rights Commission of Pakistan (HRCP), p. 9. 151 Society for Threatened Peoples (STP), p.1. 152 Human Rights Commission of Pakistan (HRCP), p. 2. 153 Internal displacement Monitoring Centre (IDMC) of the Norwegian Refugee Council (NRC), p. 2-4. 154 Joint Submission of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, (JS14) p. 16. 155 Unrepresented Nations and Peoples Organization (UNPO), p. 4,5. 156 Joint Submission of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, (JS14) p. 17. 157 Joint submission prepared by the Child Rights Movement (CRM) (JS11), p. 3. 158 Justitia et Pax and 10 Pakistani CSOs (JS7) p. 1. 159 Joint submission by Bytes for All (B4A), Pakistan, Association for Progressive Communications (APC) and Freedom House (FH), (JS5), p.4. 160 Unrepresented Nations and Peoples Organization (UNPO), p. 4,5. 161 Joint Submission of South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment), PODA-Pakistan, (JS14) p. 4.

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Annex 3: List of stakeholders/CSOs submitted the report to the UPR process

S. No Name of the Organization Type of submission

1 ADF - Alliance Defense Fund Individual Submission

2 AI - Amnesty International Individual Submission

3 AMC - Ahmadiyya Muslim Lawyers Association Individual Submission

4 BPCA - British Pakistani Christian Association Individual Submission

5 BWA - Baptist World Alliance Individual Submission

6 CHRI - Commonwealth Human Rights Initiative Individual Submission

7 CRIN - Child Rights International Network Individual Submission

8 CSW - Christian Solidarity Worldwide Individual Submission

9 ECLJ - European Center for Law and Justice Individual Submission

10 EN - Equality Now Individual Submission

11 GIEACPC - Global Initiative to End All Corporal Punishment of Children

Individual Submission

12 HRCP - Human Rights Commission of Pakistan Individual Submission

13 HRF - Human Rights First Individual Submission

14 HRI - Harm Reduction International Individual Submission

15 HRW - Human Rights Watch Individual Submission

16 ICJ - International Commission of Jurists Individual Submission

17 IDMC - Internal Displacement Monitoring Centre of the Norwegian Refugee Council

Individual Submission

18 IHRC - Islamic Human Rights Commission Individual Submission

19 Pakistan Paediatric Association (PPA), ECPAT international and Acting for Life, Lahore, Pakistan

JS 1 - Joint Submission

20 CIVICUS: World Alliance for Citizen Participation, NGO in General Consultative Status with ECOSOC and the Pakistan NGOs Forum (PNF)

JS 2 - Joint Submission

21 International Association for Religious Freedom (IARF) and South Asia Centre for Peace (SACP)

JS 3 - Joint Submission

22 ARTICLE 19 and BoloBhi JS 4 - Joint Submission

23 Bytes for All, Pakistan, Association for Progressive Communications (APC) and Freedom House

JS 5 - Joint Submission

24 Marist International Solidarity Foundation (FMSI) Franciscans International (FI) Dominicans for Justice and Peace: Order of Preachers and VIVAT International

JS 6 - Joint Submission

25 Audio Visual Center; AURTAZAAD: Women‟ s Research & Publications; Bright Education Society; Christian Study Centre; CLAAS; CWS-P/A; Dar –ul-Mussarat –Raiwind Diocese; Data Line Service; Diocese of Raiwind – Church of Pakistan; Executive Board of Methodist Church in Pakistan; Films d'Art; Interactive Resource Centre; Justitia et Pax Netherlands; National Organization for Working Communities; Nritaal; Pakistan Ecumenical Network; Pakistan Fisher Folk Forum; Punjab Lok Rahat; Punjab Lok Sujag; PVDP; The DOER Trust;

JS 7 - Joint Submission

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The repot was supported by Chnnan Theatre Group; Irtiqa; JAAG; JIRC; Mensen met een Missie; Multan Theatre Group; National Students Federation; Open Theological Seminary, Lahore; Pax Christi International; SAP-PK; SEEWA-PAK; Sujhaj Sunsar Johi and The Human Rights Commission of Pakistan

26 Global Human Rights Defence, (GHRD) and Human Rights Focus Pakistan, Faisalabad (HRFP)

JS 8 - Joint Submission

27 Pakistan Dalit Solidarity Network and the International Dalit Solidarity Network

JS 9 - Joint Submission

28 the Asian Legal Resource Centre and Action by Christians Against Torture France

JS 10 - Joint Submission

29 The Child Rights Movement (CRM). Please see annex 7 for the list of members.

JS 11 - Joint Submission

30 Rahnuma Family Planning Association of Pakistan (FPAP), the MDG5b Alliance and the Sexual Rights Initiative (SRI)

JS 12 - Joint Submission

31 A Joint Submission made by Shirkat Gah – Women‘s Resource Centre on behalf of the following civil society organizations of Pakistan: Aurat Foundation, Home Net Pakistan, Bedari, Church of Pakistan-Lahore Diocese, Simorgh, Sudhar Development Organization, Women in Struggle for Empowerment (WISE), Ittehad Foundation and Women‘s Organization for Rights and Development (WORD)

JS 13 - Joint Submission

32 A Joint Submission made by South Asia Partnership-Pakistan, National Commission for Justice and Peace, Aurat Foundation -War against Rape -SUNGI, Muthida Labor Federation, Centre for Human Rights Education, WISE (Women in Struggle for Empowerment),PODA-Pakistan

JS 14 - Joint Submission

33 Liberation JS 15 - Joint Submission

34 PFP - Peace Foundation Pakistan Individual Submission

35 RWB - Reporters Without Borders Individual Submission

36 STP - Society for Threatened People Individual Submission

37 UNPO - Unrepresented Nations and Peoples Organization Individual Submission

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Annex 4: Composition of Pakistan’s delegation for UPR on October 30, 2012 The delegation of Pakistan was headed by Ms. Hina Rabbani Khar, Minister for Foreign Affairs and composed of the following members: • Mr. Mustafa Nawaz Khokhar, Advisor to Prime Minister on Human Rights/Federal Minister;

• Dr. Paul Bhatti, Advisor to Prime Minster on National Harmony/Federal Minister;

• Mr. Riaz Fatyana, Chairman, National Assembly Standing Committee on Human Rights;

• Dr. Araish Kumar, Member, National Assembly;

• H.E. Mr. Zamir Akram, Ambassador & Permanent Representative, Permanent Mission of Pakistan;

• Mr. Aizaz Ahmad Chaudhry, Additional Secretary (UN&EC), Ministry of Foreign Affairs;

• Mr. Moazzam Ahmad Khan, Director General (Foreign Minister‘s Office), Ministry of Foreign Affairs;

• Mr. Shafqat Ali Khan, Member Deputy Permanent Representative, Permanent Mission of Pakistan;

• Mr. Adnan Nasir, Counselor, Permanent Mission of Pakistan;

• Ms. Mariam Aftab, Counselor, Permanent Mission of Pakistan;

• Mr. Mohammad Aamir Khan, First Secretary, Permanent Mission of Pakistan;

• Ms. Saima Saleem, Assistant Director (Human Rights), Ministry of Foreign Affairs;

• Mr. Muhammad Saeed Sarwar, First Secretary, Permanent Mission of Pakistan;

• Dr. Ahsan Nabeel, Second Secretary, Permanent Mission of Pakistan;

• Mr. Irfan Mehmood Bokhari, Third Secretary, Permanent Mission of Pakistan.

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Annex 5: Letter to the Federal Minister for Foreign Affairs Ms. Hina Rabbani Khar, The Federal Minister for Foreign Affairs, Pakistan. Dear Madam, [Name of your organization] is writing to you on behalf of the Child Rights Movement (CRM) Pakistan- a coalition of more than 100 non-governmental organizations in Pakistan. The CRM is working to achieve realisation of children‘s rights in Pakistan through the incorporation of the United Nations Convention on the Rights of the Child (CRC) into Pakistani laws and implementation of those. The CRM notes with satisfaction the focus given to children‘s rights in the Universal Periodic Review (UPR) of Pakistan which took place on 30th October 2012 in Geneva. Keeping in view your interest and commitment to children‘s rights, the CRM request your good office to accept the following child-focused recommendations:

1. Austria: to take effective measures to prevent forced or early marriage, in particular with a view to ending rape, sexual exploitation and forced conversions;

2. Belarus: to develop a comprehensive strategy to prevent sexual exploitation of children and their cruel treatment and increase criminal liability of these crimes;

3. Bhutan: to adopt the Charter of Child Rights Bill‖ which is being pending since 2001‖; 4. Egypt: to ensure the reporting and investigation of cases of violence against women,

effective awareness campaign against violence and consolidate measures to address sexual abuses and exploitation of children;

5. France: to prohibit child labour of minors under the age of 14 years; 6. Indonesia: to strengthen its efforts to combine these measures with the free and

compulsory education programme that will enable the provision of free education for all children, including those from the poor family and non-Pakistani families.

7. Iran: to continue its efforts for a systematic and sustained training process of child as well as developing the child protection management information system and advancement of in child immunization;

8. Iraq: to ratify the optional Protocol to the CRC on involvement of children in armed conflict;

9. Ireland: to implement bonded labour law and national plan of action; 10. Netherlands: to increase budgetary allocation of resources devoted to education,

specifically for girls‘ education, in all provinces; 11. Qatar: to combat the phenomenon of trafficking of women and children; 12. Republic of Korea: to protect and promote the rights of children, especially by adopting

the relevant legal instruments; 13. Senegal: to set up a child protection data collection system; 14. Slovakia: to enact efficient legislation to prohibit and prevent the employment of children

as domestic workers; and to consider ratification of the third OP to CRC on a communication procedure;

15. Thailand: to consider providing universal free primary education to all children, regardless of their sex, nationality, race or ethnic origin;

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Pakistan is already progressing on the above listed few recommendations by the Working Group, and accepting of these recommendations by 10 countries would show seriousness and commitment of Pakistan in complying with the UPR mechanism. We also encourage the Government of Pakistan to undertake a large consultation process to seek the views of civil society stakeholders in preparation for the national report to the UN Committee on the Rights of the Child, due on December 11 2012. The CRM is keen to work with and support the Government of Pakistan as it considers the above UPR recommendations, and would welcome the chance to meet and discuss this important issue. I look forward to hearing from you. Yours sincerely, [...................] [Designation] Copy: Advisor to the Prime Minister of Pakistan

Director NCCWD/MoHRs- Islamabad Permanent Representative to the United Nations in Geneva

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Annex 6: Sample letter to the Ambassadors by the CRM Date: 15 August 2012 Reference: CRM/……/2012 H.E. Mr. Christoph Bubb, Ambassador of Switzerland to Pakistan, Islamabad. Subject: The CRM delegation would like to meet with your Excellency to discus Pakistan’s upcoming UPR in October 2012, the state of child rights in Pakistan and your good Embassy’s role in taking up children’s issues. Your Excellency, In 2008, likeminded civil society organizations working on child rights launched a forum named the Child Rights Movement (CRM) with a mission to create an enabling environment for children through collective advocacy on child rights issues. The main objective of the CRM is to act as a civil society pressure group on issues faced by children. The CRM has active chapters in all four provinces as well as the in the Azad Jammu Kashmir. In April 2012, the CRM submitted the Stakeholders‘ report on ‗the State of Children‘s Rights in Pakistan‘ to the Human Rights Council for Pakistan‘s second time (in the 14th Session- October-November) review under the UPR mechanism. Please find enclosed a brief advocacy document that has been prepared through a consultative process that contains key concerns/issues and recommendations. Many of the key concerns are related to the recommendations that Switzerland had extended to Pakistan in 2008. On behalf of the CRM, I request your good-self for meeting with the following CRM delegation: 1. Mr Irshad Danish (Children First) 2. Mr Safdar Raza (Plan International Pakistan) 3. Ms Ayesha Bilal (Idara-i-Taleem-o-Agahi) 4. Mr Abdullah Khoso (Save the Children International) 5. Ms Shehneela Mazhar (UGOOD) 6. Ms Alishba Yousaf (a child participant) The proposed agenda of the meeting will be: -Implementation and follow-up of the recommendations that were given by Switzerland to Pakistan in the first round of Pakistan‘s Universal Periodic Review (UPR) in the Human Rights Council in 2008; -The current situation of child rights in the country in general and the CRMs‘ recommendations to Pakistan, and; -Switzerland’s possible role in taking up the key Child Rights concerns in the 14th Session in October-November 2012. We will be grateful if you can please spare some time from your busy schedule to meet with the delegation and let us know the date and time of your convenience for this meeting. Thanking you in anticipation and look forward to hearing from your good office. Kind regards, Coordinator Child Rights Movement

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Annex 7: CRM member organizations and other NGOs participated/contributed in this report: 1. SPARC 2. Save the Children 3. Plan Pakistan 4. Action Aid Pakistan, 5. ASF, 6. Aurat Foundation, 7. Bedari, 8. CAVISH, 9. Center for Creative Media, 10. Change in Education, 11. CPDI, 12. Damaan Dev Org, 13. Faiz Hassan Welfare Society, 14. Global Vision Organization, 15. Horizon, 16. ICMC, 17. IRC, 18. Islamic Relief, 19. ITA, 20. KWES,

21. MRDS, 22. Muslim Aid, 23. OSD, 24. PCE, 25. PODA, 26. RHD Foundation. 27. ROZAN 28. Right To Play, 29. SAHIL , 30. SEHER, 31. SHARP , 32. SSD–Society for Sustainable

Development, 33. Ugood, 34. World Vision Pakistan 35. TRDP 36. PILER 37. Hands 38. Sindh Education Foundation

39. Shirkatgah, Azad Foundation 40. KONPAL 41. Madadgar 42. Initiator 43. GRDO

44. Pakistan Fisherfolk Forum 45. WAR (War Against Rape) 46. Befare, 47. CACL 48. Save Human Foundation

49. SAHE 50. SNPET 51. Children First 52. DCHD 53. Bunyad Foundation 54. PHDF 55. Iqra Welfare Societ 56. ANCE 57. PAHCHAAN 58. Sanjog 59. AGHS 60. Muzaffarabad Poverty Allevation

Program 61. RWS Muzaffarabad 62. AJK Social Welfare & Women

Development Department 63. Rabt-e-millat Development Foundation

Neelum Khel

64. National Commission for Human Development

65. Jehelum Valley Human Welfare Society MZD

66. RHD Foundation 67. TVO 68. CDF & SG AJK 69. Idara Khidmat-e-Insaaniat 70. Edinburgh Direct Aid (EDA) 71. Gender Development Foundation

(GDF) 72. SMC 73. Adult Basic Education Society (ABES) 74. Ibraheemi Organization 75. Neelum Valley Society for Rehabilitation

& Help for Disabled Persons 76. Hope Shaheen 77. Kardala Development Society

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78. GPN 79. HOPE 80. HANDS 81. DANESH 82. P.D.O 83. CES 84. IDEA-PK 85. SANJOG 86. PEDPK 87. WESS 88. IPDH 89. MHI 90. Khwendo Kor 91. World Vision 92. Shirkat Gah 93. Best

94. Flower 95. Adea 96. Aurat Foundation 97. Flower 98. CMDO 99. Chand Welfare Foundation 100. CAMP 101. Sabawon 102. HRCP 103. Dosti Pakistan 104. SPO 105. DLG 106. Peshawar Bar Association 107. Just Peace International 108. Media personnel ( Khabrain, The News,

Express, Kohinoor TV

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Annex 8: Consultations with children for the UPR Introduction As part of the consultation process for the Universal Periodic Review for Pakistan, the Child Rights Movement organised provincial consultations for participatory development of the report. Plan was tasked to organize consultation with children to get their view. The CRM member organized convened 3 consultations during 19-21 March 2012 in Islamabad involving children from slum areas of Islamabad, Vehari in rural Punjab and Thatta-poorest part of coastal areas of Sindh province. The participants were between 10-17 years old. The children from Urban Prorgamme Unit (UPU)- Islamabad were older (15-18) while the children from Thatta were between 10-12 years and Vehari between 10-15 years. The consultations started with introduction to the United Nations Convention on the Rights of the Child and the Universal Periodic Review. Then it was shared with children that why children‘s views and recommendations were being sought. Children were asked to think of the barriers which hamper the realization of their rights and their potential. They were also asked what actions should the duty bearers take to overcome these barriers. The following are the issues and recommendations by the three groups of children. 1. Child Labour The key reasons for child labour are poverty which growing at fast pace. The other reasons for child labour are lack of educational guidance, non-cooperation of parents and teachers. Many children leave school due to corporal punishment and therefore their parents send them to work. Children are involved in domestic work and face abuse. There have been a number of reports of violence against child domestic workers. People always blame the domestic workers of theft. (UPU Consultation) Child also have to take herds for grazing, collect woods (especially girls), do house chores, and water. Therefore, parents are reluctant to send them to school as they do not see any benefit of sending children to school. If children tend to cattle and goats at least they will have skills and at the same time will have food and milk. (Thatta) Due to poverty parent send their children to work instead of school. (Vehari) Recommendations: 1.1 The government needs to give more attention to reduce poverty by providing support to

most vulnerable families. 1.2 Platforms should be established for child participation. 1.3 Ministry for children rights should be established for assuring children‘s rights. 1.4 Talented children should be promoted and supported by the government. 1.5 Birth Registration should be made compulsory. 1.6 There should be vocational training for young people to give them the required experience

for getting employment in the future.

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1.7 There should be policies for address poverty such as by allocating land to poor farmers and providing business/income generation opportunities at the village level.

1.8 Government should provide gas in the villages so that girls do not have to collect wood and are able to go to school.

2. Recreation There are no free local sports facilities where children can play. Where there are such facilities children do not have free access to them. Children sometime face abuse in the process of getting membership. (UPU) ―When we play in the gali (street) the women scold us and when we play at night they tell us that we disturb them. We tell them to make playground for us‖. (Thatta) There are no good television programmes for children and children have to watch adult programmes. Recommendation 2.1 Government to provide free sports facilities 2.2 Government should ensure that age specific TV programmes are made for children. Child

should also be encouraged to make their own programmes. 3. Education Schools are far and children face many problems in accessing them – especially at post primary level. Children face a number of problems due to this. These include:

1. Parents might not let the children go to school if it is far. 2. Parents do not let the girls go to schools which are far because of protection issue such as

unfamiliar people, harassment, or boys standing on the way to school. 3. Face difficulties during rains as it becomes difficult to go to school. 4. If the bike gets punctured on the way to school, then children have to walk to/from schools

and sometime children get fever for walking long distance to school. 5. If the bike gets punctured, it is an additional financial burden.

(Vehari)

6. Children do not have books. 7. There is no school in the village. 8. There can be accidents on the way to school. 9. Schools damaged during floods. One girl was injured as the wall of the school bathroom

collapsed due to damage from flood. (Thatta)

Children from UPU highlighted the issue of difference in quality education systems. This leads to frustration and lack of employment opportunities for students of government schools. Although government has provided free education, however, school fees are still charged and students have to purchase their books. If the government provides free books then they take these books from the students before the exams, in case children do not return these after the exams. Books are provided late. When government provides free books which do not reach children, children have difficulty in buying these from the shops as they are not for sale.

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Recommendations 3.1 The primary schools should be upgraded to middle level. 3.2 Teachers should be trained. 3.3 Children should also have the opportunity to give views about teacher‘s

performance/behaviour and there should be a mechanism for lodging complaint against teachers if they are not good to children.

(Vehari) 3.4 Therefore should be a school in each village (Thatta) 3.5 Teacher should be trained. Their appointment should be merit basis (and not on political

basis). If teachers are selected on merit then they will be more dedicated and will be ―compassionate to their profession‖.

3.6 Teachers should be well paid for their services. 3.7 Technical facilities should be made available in schools (such as computer, labs etc) 3.8 Government should establish a monitoring and accountability system for teacher. 3.9 Awareness rising of parents should be done to highlight the importance of education,

especially for girls education. 3.10 Government should involve the parents in PTA. Children should also be members of PTA

so that they raise their issues regarding education in school. 3.11 At college level, children should be provided with career counselling. 3.12 There should be unbiased curriculum system (i.e. different in education systems) 3.13 There should be freedom of speech for students to raise their concerns such as a complaint

mechanism regarding issues which affect children in schools. 3.14 There should be more focus on practical rather than theory in primary and secondary

curriculum. (UPU)

4. Child Abuse Parents also ignore there children which can lead to child abuse. Due to over population, parents cannot look well after their children. Due to poverty, parents will send children to work rather than schools or neglect children such as sending them to schools, giving them proper care. (UPU) Parents neglect children. Children roam around aimlessly, bad mouth other children. Also parents send them to work. Parents do not stop children watching television during the exams. Children are involved in suicide bombing. Parents need to give more attention to their children. Children are kidnapped and abuse in primary and secondary schools. There is child prostitution in hostels. Children are also involved in unhealthy activities such as each Gutka (2100 brand was mentioned by children from Thatta), naswar, beerhi, smoke cigarettes, alcohol etc. Two girls from Thatta said they too eat gutka. Some people adopt children then use them for prostitution or sell them. Therefore, child protection should be ensured in adoption. Internet use can also harm children.

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Recommendations 4.1 Government should introduce population control programme and limit the number of children.

(Children had a long discussion on the limit but they could not decide if the limit should be 2, 3 or 4). Children also linked this to poverty reduction.

4.2 There should be transparency in use of grants and budgets and accountability of administration. 4.3 People who commit violence against children should be arrested. 4.4 Ensure the protection of adopted children. 4.5 Pornographic websites should be allowed. 5. Juvenile Justice Children in jails are sexually abused. One of the participants shared the experience of one of his relatives. 5.1 Children should be kept in separate jails. 5.2 There should be healthy educational activities for children in jail. 5.3 Children should be provided livelihood training so that they can be rehabilitated in the into

communities when they return from jails. 6. Early Marriage There is early marriage and sometimes younger girls are married to older men. Due to early marriage, responsibilities increase for the children and also impacts on girl‘s health. Sometimes, girls are given in marriage at the time of their birth. (Vehari and Thatta) Recommendations 6.1 Government should make law to ban this. 6.2 Awareness against girl marriage should be raised on television. 7. Water and Sanitation There is only one hand pump in the whole village and the water quality is also not good. Children, especially girls have to bring drinking water and sometimes miss school. The ponds or the river water is used for washing clothes and dishes. (Thatta) The drinking water in schools is unclean. There is no sanitation system in the village. No one pays attention to clean environment. Where there is a sewerage system, the influentials do not let the dirty water flow in front of their house. Some sewerages are built in a way that the low lying areas are affected when there is rain. (Vehari) Recommendations 7.1 Ensure clean water supply in all villages. 7.2 Better sanitation facilitations should be made available. 8. Health The children who are poor cannot avail health services and when they are sick they have to borrow from other villagers for medical expenses. The health facilities are at a distance. Women face difficulties during deliveries as they have to travel to go to the hospital. People and children use herbal or local medicines to treat illness. If someone is very sick then the people say that they are under the influence of spirits. (Thatta)

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Children from UPU highlighted the issues of adolescent‘s health issues. Recommendations 8.1 There should be health facilities near to the village. 8.2 Reproductive health awareness should be promoted. 8.3 A referral system for sexual and reproductive health should be developed. 8.4 Include S/RH in curriculum at middle level. 8.5 Government should build roads. 9. Disaster Risk Reduction Children from Thatta highlighted the difficulties they faced during the floods 2011. The poor people had difficulty in evacuating as there were not means of transport available. The crops (rice) were destroyed. The food given to them had worms in them but they eat this as there was nothing else available. There were no bathrooms and girls had problems as they had to go out. The tents were also destroyed by rain. There was also no clean water for drinking.

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