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Pakistan - Periodic reports of States parties due in 1997: Addendum [2003] UNCRCSPR 10; CRC/C/65/Add.21 (11 April 2003)
UNITED NATIONS
|
|
CRC
|
|
Convention on the Rights of the
Child
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Distr. GENERAL
CRC/C/65/Add.21 11 April
2003
Original: ENGLISH
|
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION
OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE
CONVENTION
Second periodic reports of States parties due in 1997
PAKISTAN*
[19
January 2001]
* For the initial report submitted by the Government of
Pakistan, see CRC/C/3/Add.13 and Corr.1, for its consideration by the Committee,
see CRC/C/SR.132-134 and 156 and CRC/C/15/Add.18.
GE.03-41135 (E) 030603
CONTENTS
Paragraphs Page
Introduction 1 16
I. GENERAL MEASURES OF IMPLEMENTATION 2 - 44 16
A. The measures taken to harmonize national law and
policy with the
provisions of the Convention 2 - 13 16
1. National Commission for Child Welfare and
Development (NCCWD)
4 - 5 16
2. National Core Committee 6 17
3. National expert committees on priority areas 7 - 9 17
4. Review of national legislation 10 - 12 18
5. Legal aid 13 19
B. Existing or planned mechanisms at national or local
level for
coordinating policies relating to children and for
monitoring the
implementation of the Convention 14 - 19 19
1. Resource allocation 14 - 15 19
2. Enhancing coordination between the line ministries
and
provincial and regional commissions 16 - 19 19
C. Other measures and ongoing programmes in the spirit
of CRC 20 -
28 21
1. ILO-assisted Child Labour Survey 20 21
2. National Project for Rehabilitation of
Child Labour
21 21
3. Awareness campaign for the elimination of
child labour 22 -
23 21
4. Programmes for health and education 24 - 25 22
5. District Based Monitoring System 26 - 28 23
CONTENTS (continued)
Paragraphs Page
D. Developing awareness of CRC (art. 42) 29 - 35 24
1. General measures, seminars and workshops 30 - 33 24
2. Developing awareness with the collaboration
of NGOs 34 -
35 25
E. Reporting on CRC (art. 44, para. 6) 36 - 44 25
II. DEFINITION OF THE CHILD 45 - 64 26
A. The child in different contexts 47 - 64 26
1. Criminal liability 47 - 48 26
2. Deprivation of liberty and imprisonment 49 - 50 27
3. Competence to give evidence in court 51 27
4. Legal counselling/advice 52 - 53 27
5. Conscription 54 28
6. Marriage and sexual consent 55 - 56 28
7. Medical treatment 57 28
8. Entering the labour market 58 - 61 28
9. Compulsory education 62 - 63 29
10. Consumption of alcohol and other
controlled substances
64 29
III. GENERAL PRINCIPLES 65 - 112 29
A. Non-discrimination (art. 2) 65 - 86 29
1. Constitutional provisions for non-discrimination 65 29
2. Other provisions for non-discrimination 66 31
3. Measures taken to combat discrimination 67 - 86 31
CONTENTS (continued)
Paragraphs Page
B. Best interests of the child (art. 3) 87 - 100 35
1. Family laws 89 - 93 35
2. Commercial and labour laws 94 - 96 36
3. Criminal law, detention and imprisonment 97 - 100 37
C. The rights to life, survival and development (art. 6) 101 - 106 37
1. Constitutional provisions and the criminal law 102 - 106 38
D. Respect for the views of the child (art. 12) 107 - 112 39
1. Views of the child and the law 107 - 110 39
2. Views of the child and the Islamic tradition 111 39
3. Enhancing awareness about the views of the
child 112 39
IV. CIVIL RIGHTS AND FREEDOMS 113 - 161 40
A. Name and nationality (art. 7) 113 - 127 40
1. Nationality 114 40
2. Birth registration 115 - 122 40
3. Right to a name 123 - 124 42
4. Right to be cared for 125 - 127 42
B. Preservation of identity (art. 8) 128 - 131 43
C. Freedom of expression (art. 13) 132 - 136 44
D. Access to appropriate information (art. 17) 137 - 148 45
E. Freedom of thought, conscience and religion (art. 14) 149 - 150 47
F. Freedom of association and peaceful assembly (art. 15) 151 -
153 48
CONTENTS (continued)
Paragraphs Page
G. Protection of privacy (art. 16) 154 - 157 48
H. Protection against torture and inhuman treatment
(art. 37 (a))
158 - 161 49
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE 162 - 208 50
A. Parental guidance (art. 5) 162 - 170 50
1. Parental guidance and legal provisions 162 - 164 50
2. Programmes to enhance awareness about
responsibilities, rights
and duties of
parents and guardians 165 - 167 50
3. Cooperation between private and public sector
organizations
168 - 170 51
B. Parental responsibilities (art. 18, paras. 1-2) 171 - 184 51
1. Legal measures and responsibilities 171 - 172 51
2. Administrative and other measures to assist
parents in the
discharge of their responsibilities 173 52
3. Additional measures to community awareness
about parental
responsibilities in rural areas 174 - 175 52
4. Cooperation between private and public sector
organizations
176 52
5. Family counselling facilities 177 - 179 53
6. Facilities for working parents 180 53
7. Quality of childcare services in the country 181 - 182 53
8. Number of children benefiting from childcare
services
183 54
9. Resource constraints, future initiatives and
monitoring
strategies 184 54
CONTENTS (continued)
Paragraphs Page
C. Separation from parents (art. 9) 185 - 195 54
1. Legal measures 185 - 186 54
2. Administrative measures for preventing separation
when this is
in the best interest of the child 187 - 189 55
3. Measures to ensure contact with parents for a
child separated
from his or her parents 190 55
4. Cooperation between private and public sector
organizations
191 55
5. Percentage of children separated from their parents
due to
abuse, neglect and other reasons 192 56
6. Measures to make known the whereabouts of the
absent parent to
the child 193 56
7. Availability of social workers specializing in
separation issues
194 56
8. Steps taken to train social workers 195 56
D. Family reunification (art. 10) 196 - 200 57
E. Recovery of maintenance for a child (art. 27, para. 4) 201 -
202 57
F. Children deprived of a family environment (art. 20) 203 58
G. Adoption (art. 21) 204 - 205 58
H. Illicit transfer and non-return of the child (art. 11) 206 58
I. Abuse and neglect, including physical and psychological
recovery
and social reintegration (arts. 19 and 39) 207 58
J. Periodic review of placement (art. 25) 208 59
CONTENTS (continued)
Paragraphs Page
VI. BASIC HEALTH AND WELFARE 209 - 276 59
A. Survival and development (art. 6, para. 2) 209 - 212 59
Progress towards achievement of year 2000 goals 210 - 212 60
B. Disabled children (art. 23) 213 - 247 62
1. Administrative measures 215 - 238 63
2. Integration of disabled children 239 - 241 69
3. Future plans for special education 242 - 247 71
C. Health and health services (art. 24) 248 - 273 72
1. Health policy for children 248 72
2. Legislation on health for children 249 - 250 72
3. Measures to provide primary health care 251 - 255 72
4. Public sector coordination 256 73
5. Cooperation between public, private and
NGO sectors
257 73
6. Proportion of budget allocated to child health and
the
maintenance of a balance between curative
and preventive health
programmes 258 73
7. Primary health-care programmes 259 - 262 74
8. National Programme for Family Planning and
Primary Health Care
263 - 265 75
9. Population Welfare Programme 266 - 268 75
10. Expanded Programme of Immunization (EPI) 269 - 271 76
11. Iodine deficiency disorders (IDD) 272 76
12. Breastfeeding 273 76
CONTENTS (continued)
Paragraphs Page
D. Social security and childcare services
(art. 26; 18, para. 3)
274 77
E. Standard of living (art. 27, paras. 1-3) 275 - 276 77
VII. EDUCATION, LEISURE AND CULTURAL
ACTIVITIES 277 - 342 77
A. Education, including vocational training
(art. 28) 277 -
328 77
1. Policy provisions and targets 277 - 278 77
2. Legal measures and implementations 279 - 292 78
3. Existing facilities and difficulties encountered 293 - 301 80
4. Nature and extent of cooperation with local and
national
organizations of the public and private
sectors 302 - 306 81
5. Non-formal education 307 - 309 82
6. Vocational training and technical education 310 82
7. Resource mobilization 311 - 315 83
8. Achievements 316 - 319 86
9. Measures to promote family and community
participation in
education 320 - 322 88
10. Targets and future initiatives 323 - 325 89
11. Monitoring strategies and mechanisms 326 - 328 91
B. Aims of education (art. 29) 329 - 331 92
1. Government policy and educational aims 329 92
2. Development of the child and curricula 330 - 331 93
CONTENTS (continued)
Paragraphs Page
C. Leisure, recreation and cultural activities (art. 31) 332 - 342 94
1. Steps taken to ensure the child’s participation
in
cultural and artistic activities 332 94
2. Leisure and recreation 333 94
3. Number of children benefiting from leisure
activities
334 94
4. The child’s right to rest and play in the
school
environment 335 94
5. Structure of leisure 336 94
6. Community awareness campaigns 337 95
7. Foreign assistance 338 95
8. Targets and future initiatives 339 - 342 95
VIII. SPECIAL PROTECTION MEASURES 343 - 448 96
A. Children in situations of emergency 343 - 359 96
1. Refugee children (art. 22) 343 - 358 96
2. Children in armed conflicts (art. 38), including
physical and
psychological recovery and social
reintegration (art. 39) 359 98
B. Children in conflict with the law 360 - 395 99
1. Administration of juvenile justice (art. 40) 360 - 385 99
2. Children deprived of their liberty, including any
form of
detention, imprisonment or placement
in custodial settings (art. 37 (b)
(c) (d)) 386 - 391 105
3. The sentencing of juveniles, in particular the
prohibition of
capital punishment and life
imprisonment (art. 37 (a)) 392 -
393 106
CONTENTS (continued)
Paragraphs Page
4. Physical and psychological recovery and social
reintegration
(art. 39) 394 - 395 106
C. Children in situations of exploitation, including physical
and
psychological recovery and social reintegration
(art. 39) 396 -
441 107
1. Economical exploitation, including child labour
(art. 32) 396
- 429 107
2. Drug abuse (art. 33) 430 - 440 115
3. Sexual exploitation and sexual abuse (art. 34) 441 120
D. Children belonging to a minority or other indigenous
group (art.
30) 442 - 448 120
1. Religious minorities 443 - 447 120
2. Tribal population 448 121
IX. ADDITIONAL RESPONSES 121
List of
annexes[*]
Annex
|
Title
|
1
|
Resolution of NCCWD
|
2
|
Composition of committees
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3
|
Abolition of Whipping Act, 1996
|
4
|
Whipping Act, 1909
|
5
|
Zina Ordinance, 1979
|
6
|
Juvenile Justice Ordinance, 2000
|
7, Appendix I-XXXI
|
Child legislation in Pakistan, 1992
|
7, Appendix XII
|
Punjab Children Ordinance, 1983
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7, Appendix XIII
|
Sindh Children Act, 1955
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7, Appendix XIV
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Children (Pledging of Labour) Act, 1933
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7, Appendix XV
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The Employment of Children Act, 1991
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7, Appendix XVII
|
Child Marriage Restraint Act, 1929
|
7, Appendix XVIII
|
Guardian and Wards Act, 1890
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7, Appendix XX
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Reformatory School Act, 1897
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7, Appendix XXI
|
Punjab Youthful Offenders Act, 1983
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7, Appendix XXII
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Punjab Supervision and Control of Children Homes Act, 1976
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7, Appendix XXIII
|
Factories Act, 1934
|
7, Appendix XXV
|
Succession Act, 1925
|
7, Appendix XXVI
|
Mines Act, 1923
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7, Appendix XXIX
|
Divorce Act, 1869
|
7, Appendix XXX
|
Merchant Shipping Act, 1923
|
List of annexes (continued)
|
Annex
|
Title
|
7, Appendix XXXI
|
The Railway Act, 1890
|
8
|
Report on Workshop of Children by Children and list of participants
|
9
|
Report on Workshop for Jurists and list of participants
|
10
|
Report on Workshop for Master Trainers and list of participants
|
11
|
Sectoral questionnaires
|
12
|
DBMS Questionnaire and list of participants
|
13
|
List of participants of Writer’s Forum
|
14
|
Schedule of two-day Provincial Workshop and list of participants
|
15
|
List of participants of National Summit, September 1997
|
16
|
The Qadhaf Ordinance, 1979
|
17
|
The Bonded Labour (Abolition) Act, 1992
|
18
|
Contract Act, 1872
|
19
|
Dissolution of Muslim Marriage Act, 1939
|
20
|
Pakistan Citizenship Act, 1951. (Attached. Pakistan Citizenship
(Amendment) Ordinance, 2000)
|
21
|
Birth, Death and Marriage Registration Act, 1886
|
22
|
National Registration Act, 1973
|
23
|
Pakistan Broadcasting Act, 1973
|
24
|
Motion Picture Ordinance, 1979
|
25
|
Offences Against Property (Enforcement of Hudood) Ordinance, 1979
|
26
|
List of NGOs Participating in NGO Forum
|
27
|
Vaccination Ordinance
|
28
|
Foreigner Act, 1916
|
List of annexes (continued)
|
Annex
|
Title
|
29
|
Foreigner Order, 1951
|
30
|
Exit From Pakistan (Control) Ordinance, 1981
|
31
|
|
32
|
Passport Rules, 1974
|
33
|
Immigration Ordinance, 1979
|
34
|
Maintenance Ordinance, 1960
|
35
|
Charitable Endowment Act, 1890
|
36
|
Micro Nutrition Malnutrition Control Act, 1994
|
37
|
Unani, Ayurvedic and Homeopathic Practitioners Act, 1965
|
38
|
Literacy Act, 1987
|
39
|
Refugees Rehabilitation Finance Ordinance, 1959
|
40
|
Prisoners Act, 1900
|
41
|
Punjab Borstal Act, 1926
|
42
|
Data of children detained in jail (Punjab Province)
|
43
|
Dowry and Bridal Gift (Restriction) Act, 1976
|
List of tables
Page
1. Prime indicators for health and education 23
2. Demographic data on Pakistani children (1996) 59
3. Health indicators for children (year 1993) 60
4. Percentage of children immunized 60
5. Neonatal tetanus 61
6. Measles 61
7. Polio 61
8. Malnutrition 62
9. Centres established by provincial governments and NGOs 70
10. Public sector expenditure on health 74
11. Primary health care budget (1996/97) - federal and provincial 74
12. Population welfare budget 74
13. Basic education allocation/expenditure for SAP/8th Plan
(19931998) 83
14. Year-wise allocation for education/basic education from 1988 to
1995 83
15. Foreign assistance for basic education (1990-2000) 85
16. Literacy rate of Pakistan since 1981 85
17. Gross enrolment rates, primary and middle stages (1991) 86
18. Comparative analysis of educational parameters (1990-1995) 86
19. Indices of participation trend (primary education level) 88
20. EFA goals and targets set in current educational policies and
plans 90
List of figures
Page
1. Key bodies formed to focus on implementation of CRC 18
2. Legislative steps in response to CRC 18
3. Steps towards implementation of CRC 22
4. Social indicators show positive movement 23
5. Civil rights and freedoms 30
6. Status of women/female child 33
7. A new focus on status of women 34
8. Positive movement towards child survival 62
Introduction
- Pakistan
ratified the Convention on the Rights of the Child (CRC) in 1990. An initial
report on the implementation of the Convention
was submitted to the Committee on
the Rights of the Child in 1991. The present progress report, however, is much
more comprehensive
and deals with initiatives of the Government of Pakistan in
each area covered by the Convention. It also explains the work done
by NGOs and
highlights the participation of child rights activists in the entire spectrum of
activities envisaged by the CRC.
I. GENERAL MEASURES OF IMPLEMENTATION
A. The measures taken to harmonize national law and
policy
with the provisions of the Convention
- Pakistan
ratified the CRC in 1990 with a general reservation that the Convention will be
interpreted in the light of the provisions
of Islamic law as required by the
Constitution. This reservation has now been withdrawn following the
recommendation of the Ministry of Religious Affairs and the Council of Islamic
Ideology and the decision of the Cabinet. The Ministry of Foreign Affairs has
also formally announced withdrawal of the reservation.
- To
ensure conformity of legislative and other measures with the provisions of the
CRC, the Government of Pakistan has taken the following
steps.
1. National Commission for Child Welfare
and Development
(NCCWD)
- The
NCCWD, which was established in 1980 to follow up the recommendations of the
International Year of the Child, has been assigned
the task of coordinating the
implementation
of the CRC. After ratification, the resolution of NCCWD
(Annex 1) has been revised and
the task of coordinating the implementation
of the CRC was included in the objectives of NCCWD.
- The
NCCWD adopted a model containing five processes for robust implementation of the
CRC. The processes are as follows:
Review of national laws and
enforcement of CRC through national laws;
Measures for implementation;
Monitoring the violation of rights;
Reporting to the Committee on the Rights of the Child; and
Disseminating information on the CRC and educating the public on
the
subject.
2. National Core Committee
- A
National Core Committee, comprising representatives of the relevant federal and
provincial governments and NGOs has been constituted
with the following
objectives:
To develop strategies for accelerating the process of
implementation of the CRC and for monitoring the goals set in the National Plan
of Action for Children;
To assign implementation and monitoring to other units or sections; and
To provide feedback to the NCCWD for the preparation of future reports.
3. National expert committees on priority areas
- After
careful consideration of the situation of the child in Pakistan and, with a view
to promoting rights of the child in social
sector development, national expert
committees have been constituted for the following priority
areas:
Health;
Education;
Juvenile justice system;
Registration of children at birth;
Child labour (National Steering Committee);
Protection of rights (including juvenile justice, family environment, abuse,
neglect, exploitation and child labour); and
A committee to review the National Plan of Action (NPA) has been constituted
in the Planning and Development Division which has a
sub-committee to revise the
NPA and incorporate the provisions of CRC in the Social Sector Development Plan
(1998-2003).
- The
tasks before these committees are as follows:
To review existing
legislation and policies;
To identify gaps in legislation and policies;
To suggest amendments or propose new legislation in the light of the CRC;
and
To prepare consolidated programmes and plans to facilitate the implementation
of the CRC.
- The
Committees have representation of line ministries and departments of federal and
provincial governments and NGOs. The composition
of these Committees is
provided in Annex 2.
Figure 1
Key bodies formed to focus on implementation of
CRC
1. National Commission for
Child Welfare
2. National Core Committee
3. National Expert Committees
4. Review of national legislation
Legislation
- The
Juvenile Justice System Ordinance, 2000 (Annex 6), recently promulgated by
the Government as a step towards the implementation of the CRC in letter and
spirit, provides
for the rehabilitation of juvenile delinquents and bans the
sentence of death and whipping for children below the age of 18 years.
The task
of rehabilitation is assigned to the Ministry of Women Development, Social
Welfare and Special Education. The Ministry
will delegate the responsibility to
provinces and monitor progress under the ordinance.
- The
current position, according to section 45 (1) of the Punjab Youthful Offenders
Ordinance, 1983 (and in similar laws in other provinces)
is that no youthful
offender below the age of 15 years is sentenced to death or
transportation or to any imprisonment (Annex 7, Appendix
XXI). The Juvenile
Justice System Ordinance, 2000 has increased the age of the child to 18 years
and has also imposed a ban on whipping
for such a child. This ordinance, being
a federal law, has overridden all the related provincial laws, including the
Punjab Youthful
Offenders Ordinance, 1983.
Compilation of laws relating to children
- The
laws relating to children were compiled in three volumes for ready reference and
were distributed among all concerned, including
the NGOs. The three volumes of
Child Legislation in Pakistan are attached as Annex 7, Appendices
I-XXXI.
Figure 2
Legislative steps in response to CRC
Draft legislation
on
Breastfeeding
Food fortification
Compulsory
education
Juvenile smoking
Maternity benefit (Amendment Bill)
Passage of law
Compulsory Education Act, 1995 (Punjab
Province)
Abolition of the Punishment of Whipping Act,
1996
Juvenile Justice System Ordinance, 2000
Iodized Salt
5. Legal aid
- Legal
aid centres have been set up through the efforts of young lawyers. These
centres are helping in securing the rights of the child in accordance with
the provisions of
the CRC. Most of these centres are located in the
vicinity of borstal jails or the central jails (children cells).
B. Existing or planned mechanisms at national or local level
for coordinating policies relating to children and for
monitoring the
implementation of the Convention
1. Resource allocation
- The
8th Plan provided an allocation of PRs 1,460 billion (federal agencies PRs 1
billion and provincial agencies PRs 0.460 billion).
This allocation is higher
than the 7th Plan allocation of PRs 0.910 billion.
- The
national and provincial budgets do not indicate separate funds for child welfare
and development. An amount of PRs 102.1 billion
(approximately US$ 1.75
billion) was earmarked for the Social Action Programme (SAP). Almost 80 per
cent of this amount was allocated
for broad-based social development activities
in the provinces, in which child development is included. International
assistance
received by the Government shows that while there are no separate
indicators reflecting the amount earmarked for child welfare programmes,
the
child would benefit from the developments resulting from the implementation of
SAP projects. There is also no separate allocation
for the welfare of refugee
children, though Pakistan continues to have a sizeable number of such children,
including some disabled
children. It is carrying out its responsibilities as a
country of asylum to the best of its abilities given the resource constraints
and dwindling international assistance.
2. Enhancing coordination mechanism between the line
ministries and provincial and regional commissions
- The
task of implementing the CRC was assigned to NCCWD. Its chapters were
established in the four provinces and in Azad Jammu and
Kashmir (AJK). A Cell
on Child Rights has also been established for the Federally Administered
Northern Areas (FANA). The Provincial
Commission for Child Welfare and
Development (PCCWD) of the North-West Frontier Province (NWFP) has been made
responsible for coordinating
child rights activities in collaboration with the
Provincial Home Department in the Federally Administered Tribal Areas
(FATA).
- The
National Commission and the provincial commissions are responsible for
monitoring progress and coordinating with line ministries,
departments and NGOs
for implementation of the Convention. Having realized the need to enhance the
capacity of the
- existing
Commission, and taking into account the observations of the Committee on the
Rights of the Child in this regard, the Government decided to grant an
autonomous
statutory status to the Commission. Accordingly, a bill has been
drafted to establish the
Pakistan Commission for the Welfare and Protection
of the Rights of the Child, which will replace the existing Commission. The new
Commission with its autonomous status will effectively coordinate the welfare
and development of children at the national level and
oversee the implementation
of the CRC in the country. The bill is being promulgated through an
ordinance.
- The
Commission will also undertake several projects for child welfare and advise the
Government on all matters relating to the survival,
protection and development
of the child, in full compliance with the provisions of the CRC.
- The
coordination tasks and projects with which the Commission is at present occupied
include the following:
- (i) Provincial
level coordination is done through PCCWDs;
- (ii) NGO
coordination through NGO forums at the national and provincial
levels;
- (iii) Coordination
with international agencies like AUSAID, the European Commission, UNICEF, ILO
and UNESCO;
- (iv) Formulation
of policy; and
- (v) Monitoring
the violation of child rights through
District Based
Monitoring System (DBMS);
National Resource Centre (press clippings);
International Social Services (ISS). The NCCWD has been providing
information to ISS, a Geneva-based NGO, regarding cases of Pakistani
children
overseas. Approximately 50 social reports were forwarded to ISS Geneva and its
branch offices in European countries to settle the problems faced by
overseas Pakistani children pertaining to custody, adoption,
immigration and
other social issues;
Prison and Police (Home Departments) (NCCWD);
Registration of children at birth.
The mechanisms provide feedback on government policies and plans on a regular
basis.
C. Other measures and ongoing programmes in the spirit of
CRC
1. ILO-assisted Child Labour Survey
- The
Government’s policy towards eliminating child labour has gained even
greater momentum in recent years. Till the recent
past, there was limited
information on, and variant sources for, the extent and magnitude of the
problem. In order to prioritize
this area, the Government launched a national
survey on child labour with the assistance of ILO. The Federal Bureau of
Statistics
and the Ministry of Labour and Manpower and Overseas Pakistanis have
completed this survey and published their findings, which have
been incorporated
in this
report. According to this survey the number of economically active
children is 3.3 million.
The results of the survey are assisting the
Government to formulate policies to combat the problem.
2. National Project for Rehabilitation of Child Labour
- The
Government of Pakistan has taken various measures to provide the child with
basic education, health care and recreation. These measures include
financial incentives to
the family of a working child so as to combat
poverty and the economic exploitation of the
child. A major step in this
direction has been the establishment of the National Project for
Rehabilitation of Child Labour. Under this project, initially 50 centres
for the rehabilitation of child labour are planned in areas
of child labour
concentration. Thirty-three such centres
have so far been established and
are functioning. Among the NGOs cooperating in this
area are the Pakistan
Paediatric Association (PPA), the Pakistan Institute of Labour,
Education
and Research (PILER), Bahn Beli, Insan Foundation, Bunyad, Sudhar
and AnjamaneIslami.
3. Awareness campaign for the elimination of child
labour
- The
Government of Pakistan, with the ILO/IPEC, the European Commission, UNICEF, Save
the Children (UK), the Carpet Manufacturing’s
Association of Pakistan and
a Silakot-based NGO called Crescent Youth Organisation have launched a massive
awareness campaign to
educate the general public, trade and labour unions, child
workers, employers and parents to prevent child labour and to ensure the
rehabilitation of child workers. This campaign will serve as a model project
for raising awareness, besides taking punitive measures
through legislative
steps to eliminate child labour. This campaign will be launched on a wider
scale in future
with the participation of an NGO coalition on child labour,
the media and donors. The media
are also playing a significant role in
enhancing awareness of the problem and the need to
counter it.
- In
addition to this, a Child Care Foundation has been established under the Export
Promotion Bureau in the Ministry of Commerce and
Trade to generate funds to
support national programmes on the elimination of child
labour.
Figure 3
Steps towards implementation of CRC
Resource allocation
- Resource
allocation raised by 60 per cent
- Social Action
Programme benefiting children was allocated PRs 102 billion
National developments
Formation of NCCWD with chapters in all provinces
- Autonomous body
formed by a parliamentary bill
- Coordinates
government, NGO, international
activities
- Formulates
policies
- Monitors
violation of children’s rights at all levels, including
at the level of
more than 100 districts (District Based Monitoring System)
Service
institutions
- Destitute
homes
- Centres for the
rehabilitation of child labour
- Child Care
Foundation
4. Programmes for health and education
- The
Government of Pakistan has enhanced the budgetary allocations for the education
and health of children. A Programme for Family
Planning and Primary Health Care
and
a Literacy Commission have been launched with a view to extending
facilities to children
as well as to the masses in remote areas. The
details are provided in chapter VI,
section C below. The impact of these
programmes is reflected in the following
indicators:
Table 1
Prime indicators for health and education
|
Year
|
1992
|
1997/1998
|
Crude birth rate (per thousand)
|
40.6
|
32.70
|
Crude death rate (per thousand)
|
10.6
|
9.10
|
Infant mortality rate (per thousand)
|
100.9
|
85.0
|
Literacy rate (total)
|
35.6
|
1999/2000
|
|
|
47.1
|
Male literacy
|
47.3
|
59.9
|
Female literacy
|
22.3
|
35.4
|
Source: Economic Survey.
- The
budgetary allocations in these sectors have also been given due consideration
despite financial constraints. The expenditure
on the education sector and the
health sector was 2.14 per cent and 0.5 per cent of GNP
respectively in 1999/2000.
Figure 4
Social indicators show positive
movement
|
Crude Birth Rate (per thousand)
|
Crude Death Rate (per thousand)
|
Infant Mortality Rate (per thousand)
|
⇓ 1.3
|
⇓ .5
|
⇓ 14.9
|
⇑ 1%
|
⇑ 8%
|
⇑ 6%
|
⇑ From 2.2% GNP to 2.34%
|
Over All
|
Among Males
|
Among Females
|
INCREASE IN BUDGETARY ALLOCATION
TO EDUCATION
|
LITERACY INCREASE
|
5. District Based Monitoring System
- In
order to improve coordination between the federal and provincial departments and
the implementation of the Government’s efforts
there has been a
recognition of the need to consolidate and compile material and information
emerging at the grass roots. The need
was projected at various seminars held at
the federal and provincial levels. Various solutions to this problem were
offered at different
forums.
- A
workshop for master trainers, social welfare officers and social welfare
activists was held in Islamabad in December 1995, with
UNICEF collaboration.
Experts from academic institutions were also motivated to undertake studies and
research on child welfare
and development techniques. The proposal presented by
the NCCWD and UNICEF was accepted unanimously. The proposal envisaged the
creation of a permanent database focusing particularly on the situation of
children and the provision of general facilities through
the social sector.
- Consequently,
a District Based Monitoring System has been designed with a view to collecting
information from the grass roots at the
district and community levels from 136
districts of Pakistan. Four questionnaires were prepared by UNICEF and the
NCCWD for gathering
information, as required by the provisions of the CRC.
Questions are based on policy initiatives of the Government for facilitating
child welfare at all levels.
D. Developing awareness of CRC (art. 42)
- The
Government has taken active measures to promote general awareness among the
general public, including children, and in other relevant
quarters about the
general principles of the Convention.
1. General measures, seminars and workshops
- To
create awareness at the grass roots, a series of seminars was organized at the
national and provincial levels including Azad Kashmir
and the Federally
Administered Northern Areas (FANA). Workshops were also arranged at Islamabad,
with UNICEF collaboration, for
the same purpose. Some of these workshops
included workshops for children by children (Annex 8). The prime objective of
these workshops
was to promote awareness among children by ensuring their
participation in the protection of their rights. Children from Islamabad
schools participated and presented essays and short papers suggesting measures
for the protection of their rights. A number of posters,
banners and badges,
with messages in support of child rights, were distributed all over the
country.
- A
workshop for jurists (Annex 9) was organized at Islamabad in collaboration with
UNICEF and the Federal Judicial Academy. District
and sessions judges from all
over Pakistan attended this workshop. Papers were presented on monitoring the
rights of the child,
developing consensus on various legislative matters
pertaining to child protection, juvenile administration, the situation of
working
children and the definition of the child.
- To
train assistant directors, social welfare officers, teachers and child rights
activists as master trainers in the field of child
rights, a Workshop for Master
Trainers (Annex 10) was organized at Islamabad. This training was also designed
to enhance the knowledge
of these persons about child rights. The District
Based Monitoring System (DBMS), mentioned earlier, was an outcome of this
workshop.
- Adopting
a participatory approach, provincial workshops and seminars were also organized
with a view to gathering information for
reporting purposes and for initiating
the process of information collection for the DBMS. Six such seminars were
organized at the
- provincial
headquarters, AJK and FANA. One day at each seminar and workshop was devoted to
briefing the participants about the report
writing process and encouraging them
to make queries about the entire process and their role in providing
information. Another day
was devoted to discussions on the DBMS. As a result
of these efforts, information from 112 districts has already been
received.
2. Developing awareness with the collaboration of NGOs
- Within
the NCCWD, a child rights forum has been formed with representation from the
Social Welfare and Special Education Division.
The forum invites experts and
professional speakers to deliver lectures on child rights. Likewise, a national
NGO forum has also
been established within the NCCWD consisting of
representatives of NGOs working in the area of child rights, including Save the
Children
(UK). Efforts are also being made to promote awareness through the
media and school activities. The report writing process also
associated NGOs in
the task, with overall child rights in perspective.
- Among
other active measures to promote general awareness, the Government of Pakistan
will translate this report into regional languages.
E. Reporting on CRC (art. 44, para. 6)
- The
process for writing the national progress report on implementation of the CRC
commenced with the hiring of a consultant to prepare
a model of the report, and
to activate all channels that might be helpful in gathering information, in
accordance with the United
Nations guidelines.
- The
consultant prepared sectoral questionnaires on the basis of the
United Nations guidelines (Annex 11). These questionnaires were
sent to
relevant ministries/departments and NGOs, and the information so obtained was
used as the main source for the preparation
of a skeleton (draft) report.
- The
draft report also proposed a model prepared with the help of UNICEF. This model
was finalized in a seminar held on 5 December
1995 at Islamabad. The idea of
sectoral questionnaires was further moulded to a full fledged monitoring system
called the District
Based Monitoring System (DBMS) aimed at gathering first-hand
information from the field regarding the situation of children (Annex
12).
- It
was then decided that the report would be improved by the experts and that the
consultant should coordinate with these experts.
Resource persons were selected
very carefully on the basis of their experience and knowledge in each area of
CRC. A writer’s
forum was formed with 12 experts, who improved the report
(Annex 13).
- Provincial
inputs were also added to the draft report based on information gathered by
organizing two-day provincial workshops on
report writing in all four provinces,
AJK and FANA (Annex 14).
- The
draft report was then reviewed by two experts, namely Dr. G.M. Awan, Joint Chief
Economist, Planning and Development Division,
and Dr. Faqeer Hussain, Joint
Secretary, Pakistan Law Commission, who have international exposure to report
writing. The amendments
made by them in the draft were incorporated in the
report by the consultant.
- This
report was then assigned to a consultancy agency in consultation with UNICEF for
a detailed review, and for proposing and making
changes where necessary. The
consultancy agency (Gallup-Pakistan) reviewed the report, checked the
authenticity of the information,
filled gaps and edited the report.
- A
National Summit was held on 29 and 30 September 1997 at Islamabad in which all
the concerned ministries, provinces, departments
and NGOs participated (Annex
15). The entire text of the report was thoroughly examined in the light of the
United Nations guidelines.
The recommendations made were recorded by the
consultant and incorporated in the report. More than 100 experts participated
in
this activity and contributed to the national report.
- It
is planned that complimentary copies of the national report will be circulated
to all federal ministries, provincial departments,
research institutions,
universities, colleges, schools and other bodies. Copies of the report will
also be placed at national and
public libraries all over Pakistan. Major
bookstalls will also be provided with copies for sale to the general public at a
nominal
price. The report will also be used for basic instruction in courses at
institutions like the Federal Judicial Academy. The report
will be translated
into Urdu so as to be accessible to a wider audience.
II. DEFINITION OF THE CHILD
- The
law inherited by Pakistan from Britain determines different ages for different
occupations and criminal liability without identifying
well-defined guiding
principles, though maturity of intellect is sometimes acknowledged. The
arbitrary fixation of ages is evident
in some of the laws described below.
- The
Majority Act, 1875 (Annex 7, Appendix XIX) defines a “minor” as a
person who has not attained the age of 18 years.
A national identity card is
also issued at this age, and so is a driving licence. This general provision is
overridden by special
provisions in various laws pertaining to contracts, entry
into the labour market, criminal responsibility and the age of marriage.
A. The child in different contexts
1. Criminal
liability
- The
Pakistan Penal Code, 1860 (PPC) declares that nothing is an offence that is done
by a child under seven years of age (sect. 82).
A child above the age of 7
years and under 12 years of age can commit an offence, under the PPC, if such
child has sufficient maturity
of understanding to judge the nature and
consequences of his act (sect. 83). Mental maturity influences the court in the
fixation
of penalty. Under the new section 299 of the PPC, an
“adult”
- is
a person who has attained the age of 18 years and a “minor” is a
person who is not an adult. The child who can have
criminal responsibility
under this law, then, is a minor who has attained maturity of understanding, and
his age may extend from
7 to 18 years.
- Under
the recently promulgated Juvenile Justice System Ordinance, 2000, rules (still
under process) will further define and explain
criminal liability.
2. Deprivation of liberty and imprisonment
- The
laws provide special concessions, like the grant of bail even in a non-bailable
offence, when the offender is less than 16 years
of age (sect. 497, Criminal
Procedure Code). Imprisoned children are kept in separate jails. Provisions
have also been made in
the law for the release of juvenile offenders provided
they show good conduct. The procedures have been explained under the system
of
juvenile justice in chapter VIII, section B.1 in this report.
- The
Reformatory Schools Act, 1897 (Annex 7, Appendix XX), defines “youthful
offender” as a boy who has been convicted
of an offence punishable with
life imprisonment and who at the time of the conviction was under the age of 15
years. The law also
states that the provincial governments may establish and
maintain reformatory schools, but does not make it compulsory.
3. Competence to give evidence in court
- The
Punjab Youthful Offenders Ordinance, 1983, section 14 (Annex 7, Appendix XXI)
lays down rules for the examination of a child witness.
The section
states:
If at any stage during the course of a trial of a case or
proceeding in relation to an offence against, or any conduct contrary to
decency
or morality, a child is summoned as a witness, any court trying the case or
holding the proceedings may direct such persons
as it thinks fit, not being
parties to the case or proceeding to withdraw from the court, and thereupon
persons shall withdraw from
the court. If any person so ordered refuses to
withdraw, the Court may take steps to remove him.
4. Legal counselling/advice
- Order
XXXII of the Civil Procedure Code provides that every suit by a minor shall be
instituted in his name by a person who in such
suit shall be called the next
friend of the minor. Where the defendant is a minor, the court shall appoint an
appropriate person
as the guardian of the minor for the purposes of the suit,
after verifying that the proposed guardian has no personal interest in
the suit.
- There
is an awareness that a system should be devised through schools or otherwise
where children may be given counselling and legal
advice in case of need. The
system can only be introduced gradually, because it may be construed as
interference in the private
lives of families. Negligence with regard to the
welfare of children is an offence under the Pakistan Penal Code. A child, for
the purpose of counselling, may be assumed to be anyone under the age of 18.
This is reflected in the law for children’s homes.
The Punjab Supervision
and Control of Children Homes Act, 1976 (Annex 7, Appendix XXII) defines an
“orphan” as any child
under the age of 18 years who has lost his
parents and has no adequate source of income or is unclaimed or has parents who
are destitute
or who has been deserted by his parents. Children in such homes
are to be looked after in every way and this should include legal
advice and
counselling. The child, for this purpose, has the same age in the Guardians and
Wards Act, 1890 (Annex 7, Appendix XVIII),
which defines a “minor”
as a person who is deemed not to have attained his majority as provided for in
the Majority Act,
1875 (Annex 7, Appendix XIX).
5. Conscription
- Article
9 of the Constitution of Pakistan provides that the State shall enable people
from all parts of Pakistan to participate in the armed forces of Pakistan.
This
pertains to voluntary enlistment. There is no forced conscription in Pakistan.
Regular service in the armed forces begins
at the age of 18 or above, though
pre-service training may begin earlier. The Pakistan National Service Ordinance
1970 deals with
the introduction of compulsory national service and also
prescribes the age of enlistment in the armed forces as 18 years.
6. Marriage and sexual consent
- The
meaning of “child” for the purposes of marriage is governed by the
Child Marriage Restraint Act, 1929 (Annex 7, Appendix
XVII). According to this
act, a child is a person who, if a male, is under 18 years of age and, if a
female is under 16 years of
age (sect. 2 (a)). A “child marriage”,
under the Act, means a marriage any of the contracting parties to which is a
child (sect. 2 (b)). The Act aims to ban child marriages. If such a marriage
takes place, the parties are to be punished with imprisonment
or with fine or
with both. Persons performing the contract or directing it are to be punished
in the same way.
- In
the case of children of divorced or separated couples, the governing law is laid
down by the Divorce Act, 1869 (Annex 7, Appendix
XXIX). This law provides for
interim orders with respect to the custody, maintenance and education of the
children of the contesting
parties. A child, born of native fathers, under this
Act is less than 16 years of age, if a boy, and 13 years of age, if a girl.
In
all other cases, a child is less than 18 years of age.
7. Medical treatment
- There
is no provision in the law that lays down the age of independent consent for
medical treatment. Minors are usually treated
through consent given by their
parents/guardians. The only provision that can be said to apply indirectly is
section 89 of the Pakistan
Penal Code, which lays down that nothing will be
construed as an offence that is done in good faith for the benefit of a child
who
is under 12 years of age.
8. Entering the labour market
- The
Constitution of Pakistan, Article 11 (3), lays down that no child below the age
of 14 years shall be engaged in any factory or mine or any hazardous
employment.
- Employment.
In the Employment of Children Act, 1991, section 2 (iii) (Annex 7, Appendix XVI)
a child is a person who is less than 14 years of
age. An adolescent under this
act is a person who has completed his fourteenth year, but not the eighteenth
year. The Act attempts
- to
regulate the conditions of work for children and to prohibit their employment in
certain occupations. It attempts to bring uniformity
in the age of employment
of minors in various trades and also provides for the setting up of a National
Committee on the Rights of
the Child (sect. 5).
- Pledging
of labour and bonded labour. The Children (Pledging of Labour) Act, 1933
(Annex 7, Appendix XIV) defines a child as a person who is 15 years of age.
This law
prohibits the making of all such agreements as would result in the
pledging of the labour of children. It also bans the employment
of those
children whose labour had been pledged. This has been supplemented by the
Bonded Labour System (Abolition) Act 1992. Furthermore,
Pakistan is giving
serious consideration to ratifying the new ILO Convention (No. 182) on the
Elimination of the Worst Forms of Child
Labour.
Full-time and part-time employment
- The
rules for full-time and part-time employment are the same, as far as the
definition of “child” is concerned. The
definition for these two
types of employment varies in accordance with the law that is being considered.
There are some provisions
for overtime work, that is, beyond the permitted
time.
9. Compulsory education
- In
the Province of Punjab, which is the largest province with more than half the
population of the country, education has been made
compulsory for children
between the ages of 5 and 10. The other provinces are expected to
promulgate similar laws. This means that
a child for the purposes of compulsory
education is anyone who is below 10 (subject to the minimum age of 5).
- The
main obstacle in the way of fixing a higher age appears to be the scarcity of
resources, as compulsory education for all children
would entail huge
expenditure on the provision of schools and facilities.
10. Consumption of alcohol and other controlled substances
- Consumption
of alcohol and other intoxicating substances is completely prohibited for
Muslims, whether adult or children. Members
of the minority communities have
access to alcohol.
III. GENERAL PRINCIPLES
A. Non-Discrimination (art. 2)
1. Constitutional
provisions for non-discrimination
- The
Constitution of Pakistan declares that all citizens are equal before the law and
are entitled to equal protection of the law. A policy of affirmative
action is
also actively pursued through quota systems and special seats in institutions.
Article 3 of the Constitution provides for
- the
elimination of exploitation and the gradual fulfilment of the principle of
equality based on merit. The following specific forms
of discrimination are
addressed by the Constitution, and nondiscrimination is
upheld:
Equality before law: Article 25 (1) declares that
all citizens are equal before law and are entitled to equal protection of
law.
Sex: Article 25 (2) declares that there shall be no discrimination on
the basis of sex.
Special protection for women and children: Article 25 (3) provides
for nondiscrimination and calls for the State to make special provisions for
women and children. Article
34 provides, further, that steps shall be taken to
ensure full participation of women in all spheres of life.
Protection of marriage, family, mother and child: Article 35 states
that the State shall protect the marriage, the family, the mother and the
child.
Affirmative action: The State shall promote, with special care, the
educational and economic interests of backward classes or areas according to
article
37 (a).
Minority children, education and religion: Articles 20 and 22 provide
that no child will be required to receive education in a religion other than his
own and, subject to
law, no denomination will be prevented from imparting
religious education to its own community through its own schools. Further,
no
citizen shall be denied admission -on grounds of race, religion, caste or place
of birth - to any educational institution that
is receiving aid from public
revenues. Article 36 provides full protection to minorities for employment in
services.
Entitlement to basic necessities due to disability: Article 38 (d)
provides that the State shall provide basic necessities, irrespective of sex,
caste, creed or race, to all those
persons who are permanently or temporarily
unable to earn their livelihood on account of infirmity, sickness or
unemployment.
Figure 5
Civil rights and freedoms
- 8
articles of the Constitution or their subsections provide for legal protection
of the child against discrimination
- Violations of
child rights can be adjudicated in
Family courts (local
level)
High courts (provincial level)
Supreme Court (federal level)
2. Other provisions for non-discrimination
- The
laws of Pakistan as administered through a hierarchy of courts are designed to
ensure equality before the law. To ensure non-discrimination
against the child,
family matters are dealt with by family courts. The high courts entertain writ
petitions in their original jurisdiction
to safeguard the basic rights of
citizens. In addition, citizens can now directly approach the Supreme Court to
deal with cases
of human rights violations and discrimination. The contribution
of the courts in these areas is likely to have a far-reaching effect
on
awareness about human rights and discrimination.
3. Measures taken to combat discrimination
- Allocations
for education. One of the main causes of all types of discrimination is
lack of education. Education is, therefore, one of the core concerns of the
Government.
The province of Punjab has made primary education compulsory by
law. At the federal
level, a new education policy targets improvements in
the educational infrastructure at all
levels.
- More
resources are being allocated to the primary education of girls and to the
training and hiring of more female teachers. There was an overall increase
in allocations
from 2.15 per cent of GNP to 2.48 per cent during
the period 1992-1996. As a result, in the past five years, the increase in the
number of girls’ primary schools is 35 per cent, the number of primary
school female teachers is up by 20 per cent and the
drop-out rate has gone down
by 5 per cent. The World Bank-aided Social Action Programme has also
emphasized
projects benefiting girls and women. These measures are expected
to improve the education system.
- Legal
measures. On the legal front a number of measures have been adopted to
counter discrimination and protect human rights. A new ministry of
human rights
(now merged with the Ministry of Law, Justice and Parliamentary Affairs in view
of the link between human rights and
the legal system) was established to take
up cases of discrimination. A full-fledged division of the Ministry of Law,
Justice and
Parliamentary Affairs deals with the matter. Anyone who feels
aggrieved can file a writ directly to the high courts. The courts,
in the
recent past, have dealt very swiftly with such writs. Besides government
institutions, a large number of NGOs are working
to combat all types of
discrimination. NGOs have been instrumental in bringing cases of discrimination
before the High Courts.
- A
UNICEF-assisted national women’s rights project is bringing together the
country’s most eminent persons to review all
laws and practices impacting
on women and girls. A revision of specific laws is to be proposed to the
Government, coupled with an
advocacy and social mobilization campaign for the
country. The initiative is being undertaken by a consortium of NGO’s,
hosted
by the Human Rights Commission of Pakistan and the Aurat
Foundation. The influence of these organizations on the Government and public
is substantial.
- Role
of NGOs. In the past two decades, a number of NGOs have been formed to
fight discrimination on the basis of sex. These NGOs are waging
a struggle at
the social as well as judicial level. NGOs like AGHS, the Insaf Welfare
Trust, Sahil, Bedari, the Aurat Foundation, Legal Aid and a host of
others are working in cooperation with the Government. Some of these NGOs have
been financially
assisted by the Government.
- The
girl child. The South Asian Association for Regional Cooperation (SAARC)
Decade of the Girl Child has been an occasion to promote awareness
of the
situation of girls in various national institutions. Provincial governments are
including child rights in school curricula
and the media is increasingly
covering girl child issues. Several significant and largescale NGO projects are
attempting to mobilize
girls for bringing about awareness and change. The
Family Planning Association of Pakistan develops leadership skills among girls
in urban and rural communities. The Pakistan Girl Guides Association uses its
affiliation to the education department to empower
girls through awareness and
analysis of their rights, imparting skills for interpersonal communication as
well as through simple
messages that save lives (on first aid etc.) in the
home.
- NGOs
have made major contributions to developing alternative approaches to the
education of girls. The retention rates of non-formal
schools are very high; up
to 90 per cent are often reported. As a result of their efforts, new
publications are being developed
for children and for teacher training that
focus on gender sensitivity, promotion of equal rights and relevance to
contemporary issues.
- In
the area of the health of the girl child, initiatives are primarily led by the
Government. Registration of all children at birth is under review and
studies show
that outdated colonial systems of registration can be adapted
to ensure complete
coverage.
- Measures
for women’s rights indirectly influence the status of minors and
the girl child. As already mentioned, the Commission for Women
has examined all
laws that may be perceived as being discriminatory to women
and has made
recommendations.
- The
Ministry of Women Development, Social Welfare and Special Education is in the
process of establishing 10 computer training centres
at the divisional
headquarters and in major towns at a total cost of PRs 19.00 million. Three
women development centres are being
established at Sahiwal (Punjab), Nawabshah
(Sindh) and Mansehra (NWFP) at a cost of PRs 13.455 million, PRs 13.471
million and PRs
13.858 million respectively. These centres would impart
intensive training to community development workers in family planning,
hygiene,
sanitation, safe water, agriculture, livestock, poultry, cooking, gardening,
general knowledge, adult literacy, community
organization and legal rights.
Women are now being appointed to influential and important posts. For the first
time women have
been appointed as judges of the
- high
courts. A number of women are also working in the lower judiciary, especially
in the family courts. Women police stations have
been established and a female
Assistant Superintendent of Police has also been appointed. The armed forces
are hiring more women
in technical and professional jobs.
- Projects
run by NGOs are also eligible for matching grants. The Ministry for
Women
Development, Social Welfare and Special Education has so far funded 377
projects
of NGOs involved in education, health, skill training and income
generation, of
which 39 projects were funded during 1996/97. The total
amount released/disbursed during 1996-1997 was PRs 33.518 million. An
amount
of PRs 362.92 million was
approved in all and PRs 246.572 was
released before 1996 for the rest of
the 338 projects.
- A
National Consultative Committee for Women has been constituted to provide a
leadership role in articulating women concerns and to
identify feasible national
targets as well as to suggest measures to achieve them by the year 2000.
- Resource
allocation for these reprioritized projects on women’s development was
significantly increased over the years. In
the year 1994/95, it stood at PRs
141.079 million, which was 64 per cent more than for the year 1993/94.
A sum of PRs 100 million
was
allocated for the 1996/97, and PRs 50 million
for the year 1997/98 for developmental and nondevelopmental expenditure. This
is in
addition to what will be spent in other sectors like education, health,
manpower development and population.
- In
1996, Pakistan stepped up its international commitments to remove gender
disparities in the country. With the ratification of
the Convention on the
Elimination of All Forms of Discrimination against Women, backed by a critical
national report presented at
the Fourth World Conference on Women, the country
undertook increased responsibility regarding the problems faced by women. In
this
report, a separate chapter was devoted to the problems of the girl child.
The Canadian International Development Agency (CIDA) has
given funds for gender
issues and they are being utilized since August 1997. In the National Institute
of Public Administration
(NIPA), two-week courses on the issue have been held
and now the subject is being introduced in its regular courses as well.
Figure 6
Status of women/female child
Female education gains importance
Girls primary schools
⇑ up by 35 per cent (in past 5 years)
Primary School Teachers
⇑up by 20 per cent (in past 5 years)
Figure 7
A new focus on status of women
- Through
the Commission of Women (Its First Report
was submitted in August 1997)
- Special
arrangements for training women
10 computer centres
District based
women development centres
- Senior
appointment of women
High court judges
Police
officers
Recruitment in the armed forces
- Girl students
excel in higher education
In 1997 top four positions in law
examinations in
Punjab won by women
- As
the women’s movement matures in the country, individual women are reaching
eminence in society. The presence of women as
senior government functionaries,
members of the judiciary and the professions will have a far-reaching effect on
the determination
of the female child to participate fully in society. In fact,
there are signs already of a growing confidence. In 1994/95, for
example, a
group of female medical students protested admission quotas for girls. They
demanded admission based on merit, not gender.
As a result, the Punjab High
Court issued a writ abolishing the quota limitations on girls in medical
colleges. Recent trends in
medical colleges show larger number of girls winning
merit scholarships than boys. Such cases are likely to demolish traditional
stereotypes. The better performance of girls compared to boys in most
examinations, professional and other, is also an indication
of their resolve to
secure their rightful status in society. Most of the top positions generally go
to girls in these examinations.
This has been happening for many years.
- Seminars,
workshops, training and awareness through the media. The electronic media
has begun to telecast special programmes and documentaries on the role of women
and the health of the child.
A massive awareness campaign on radio and
television refers to girl child issues. Messages cover the education of girls,
the nutritional
requirements of girls, AIDS safety and child rights. The
newspapers frequently carry articles on women’s rights and highlight
incidents reflecting discrimination at the societal level.
- As
part of the awareness campaign on child rights, training programmes at the
Federal Judicial Academy have been initiated and new
programmes are being
developed. An entire
- annual
programme on child rights was part of the training at the Civil Services Academy
where the country’s new civil servants
are trained. The province of
Punjab held CRC awareness seminars in all districts, inviting large
participation from the grass roots
as well as government administrative
staff.
- Population
and health programmes. The government population programme has been
expanded to cover a larger number of villagebased family planning workers all
over
the country. An Accelerated Health Programme, which focuses on community
health services and on improving immunization coverage,
has been launched.
Forty-three thousand female national health visitors are being positioned in
their communities all over the country
based on the realization that health
infrastructure needs to get down to the household level if preventive health
approaches are
to be followed. This is expected to curtail area disparities.
- Gender
disparities. In addition to the enquiry into the areas of gender
discrimination, a national debate commenced as a result of the preparatory
process for the Beijing Conference. Panel discussions and forums are taking
place in each province with reference to specific problem
areas of women and
child rights. The Government and press are regularly involved with these
events, which are primarily an NGO initiative.
The State-run Pakistan
Television has hosted regular talk shows on women and child rights with speakers
from a wide range of backgrounds.
A Beijing Follow-up Unit (BFU), Ministry of
Women Development, Social Welfare and Special Education has been established to
monitor
and report on progress in implementing the provisions of the Convention
on the Elimination of All Forms of Discrimination against
Women.
- Disparities
between areas. To reduce disparities between areas, the Government has
increased education, electricity, telephone, road and gas facilities.
Many
villages have been linked with each other and with the main roads. The new
motorway projects are also expected to reduce area
disparities. New schools are
also planned under the Social Action Programme (SAP).
B. Best interests of the child (art. 3)
- The
“best interests of the child” is the most important principle in
most legislation concerning children, both at the
federal and provincial levels.
This is especially true in the case of family laws.
- This
principle governs almost every form of legislation, irrespective of its being
formally expressed in such legislation. As most
of the laws dealing with the
family and child are regulated by provisions of Islamic law, the prominence
given to the principle in
these laws is noticeable and is to be appreciated. In
fact, the principle is expressed more coherently and consistently in Islamic
law
and needs to be strengthened through enhanced application and implementation.
1. Family laws
- The
courts have always given importance to the best interests and welfare of the
child while deciding questions of custody in divorce
and separation cases.
Under the provisions of Islamic law, as applied in Pakistan, the general rule is
that custody of a boy who
has not attained the age of 7 and that of a girl who
has not attained puberty is to remain with the mother. The male child up to
this age, and the female child during most of her young age, is considered to be
better off in the custody of the mother. The presumption,
however, can be
questioned in certain instances, and if it is shown that the mother has for
certain reasons become unfit to look
after the child, custody may be awarded to
the father. The father is permitted to meet his children, but where the court
feels that
such permission may be misused the father is asked to furnish surety
bonds in sizeable amounts.
- Provisions
exist for the maintenance of children after divorce, but the amount of
maintenance usually provided depends upon the financial
situation of the father.
- The
Guardians and Wards Act, 1890 (Annex 7, Appendix XVIII) provides in
article 17 that “in appointing or declaring the guardian
of a minor,
the court shall, subject to the provisions of this section, be guided by what,
consistently with the law to which the
minor is subject, appears in the
circumstances to be for the welfare of the minor”. This provision applies
equally to Muslim
children and to children belonging to the minorities. The
factors to be considered by the court in determining the welfare or best
interest of the minor, under the same section, are as follows:
Age;
sex; religion;
The character and capacity of the proposed guardian and his nearness of kin
to the minor;
The wishes, if any, of a deceased parent; and
Any existing or previous relations of the proposed guardian with the minor
or his
property.
- If
the minor is old enough to form an intelligent preference, the court may
consider that preference.
- The
Child Marriages Restraint Act, 1929 (Annex 7, Appendix XVII) prohibits the
marriage of children under the ages of 18 for boys
and 16 for girls. It treats
the conclusion of such a marriage as an offence, not only for the parties, but
also for those arranging
the marriage or registering it.
2. Commercial and labour laws
- Section
68 of the Contract Act, 1872 (Annex 18) regulates the contract of the minor for
“necessaries”. The “best
interests of the child” is the
guiding principle under this law. In addition to this, laws regulating specific
contracts keep
the same principle in view. For example, a minor may be admitted
to the benefits of a partnership, but he cannot have unlimited
liability like
the other partners.
- Order
XXXII of the Civil Procedure Code provides that every suit by a minor shall be
instituted in his name by a person who in such
suit shall be called the next
friend of the minor.
- Where
the defendant is a minor, the court shall appoint an appropriate person as the
guardian of the minor for the purposes of the
suit, after verifying that the
proposed guardian has no personal interest in the suit.
- All
kinds of forced labour, bonded labour and trafficking are prohibited under
various laws. These are designed to protect minors
for their own best interest.
No child below the age of 14 is permitted to be engaged in any factory or
mine or hazardous employment.
3. Criminal law, detention and imprisonment
- The
Punjab Youthful Offenders Ordinance, 1983 (Annex 7, Appendix XXI) recognizes the
best interests of the child in section 12, which
deals with the withdrawal of
persons from the court during trial. The section reads as
follows:
If at any stage during the course of a trial of a case or
proceeding under the Ordinance a Court considers it expedient in the interest
of
the child to direct any person, including the parent, guardian or the spouse of
the child or the child himself to withdraw from
the Court, the Court shall for
reasons to be recorded in writing, be entitled to give such direction and
thereupon such persons shall
withdraw; if any person so directed refuses to
withdraw, the Court may take steps to remove him.
- Section
13 of the same Ordinance provides that the Court may dispense with the
attendance of the child if it deems such attendance
unessential, while section 7
provides that a child and an adult cannot have a joint trial. Section 15
provides that the parent or
the guardian, or both, where the guardian is
different from the parent, may be required to attend the court with the
child.
- The
Penal Code makes the neglect of children an offence. The Criminal Procedure
Code, keeping the best interests of the child in
view, permits that the court,
if it deems fit, may grant bail even in a non-bailable offence when the offender
is less than 16 years
of age (sect. 197, Criminal Procedure
Code).
- In
this regard, the newly promulgated Juvenile Justice System Ordinance, 2000 has
imposed a ban on the death sentence and whipping
of a child below the age of 18
years.
This law also prohibits handcuffing a child in conflict with the law
and putting in fetters. The Ordinance also provides that every
child who is
accused of the commission of an offence
or is a victim of an offence shall
have the right of legal assistance at the expense of
the State.
C. The rights to life, survival and development (art.
6)
- The
subject matter of article 6.1 concerning the inherent right of the child to life
is addressed here, while article 6.2 is dealt
with under the right to survival
in the chapter on basic health and welfare (chap. VI, sect.
A).
1. Constitutional provisions and the criminal law
- The
Constitution of Pakistan, in article 9, guarantees security of the person. The
article says: “No person shall be deprived of life or liberty
save in
accordance with the law.”
- The
following sections of the Penal Code apply specifically to children and to
unborn children:
Section 328 punishes with imprisonment (7 years)
the exposure and abandonment of a child under 12 years of age by a parent or
person
having care of it;
Section 329 provides two years’ imprisonment for concealment of birth
by secret disposal of the dead body;
Sections 338 and 338 A provide punishment of three years’ rigorous
imprisonment to the person who causes a woman with child
whose organs have not
been formed, to miscarry, if such miscarriage is not caused in good faith for
the purpose of saving the life
of the woman, or providing necessary treatment to
her; when the act is committed without the consent of the women, the punishment
is imprisonment for 10 years;
Sections 338 B and 338 C provide seven years’ imprisonment to and
payment of blood money by the person who causes a woman with
child some of whose
limbs or organs have been formed to miscarry, if such miscarriage is not caused
in good faith for the purpose
of saving the life of the woman.
- In
addition, the Penal Code also makes the offences of abduction, trafficking and
procuring of minor girls punishable as follows:
- (i) Kidnapping
any person from lawful guardianship: this offence is punishable with a term
that may extend to seven years. The punishment
for kidnapping a child under
10 years of age is death;
- (ii) Kidnapping
or abducting a child under 10 years with intent to steal from the person of
such child: the penalty provided for
this offence is imprisonment up to
seven years;
- (iii) Procuring
of a minor girl: this offence is punishable with a term that may extend to
10 years;
- (iv) Importation
of a girl from a foreign country: this offence is punishable with imprisonment
for 10 years and with a fine.
- The
law for the security of the person of the minor is quite comprehensive and,
perhaps, goes beyond the requirements of the Convention.
- The
laws relating to the best interests of the child are gaining greater salience
among the legal community and society in general.
D. Respect for the views of the child (art. 12)
1. Views
of the child and the law
- The
law takes into account the views of the child in most situations. This is
particularly so in the area of family laws. Thus the
courts are required to
consider the views of the child and accord them due weight in the appointment of
a guardian. Section 17 (3)
of the Guardians and Wards Act, 1890 (Annex 7,
Appendix XVIII) provides that “if the minor is old enough to form an
intelligent
preference the Court may consider that preference”. The
Court, however, is also required to keep the best interests of the
child in
view, and it will reconcile these two requirements in case of conflict.
- Where
the marriage of a young girl is arranged by her guardian, she can repudiate the
marriage on the attainment of puberty. This
provision of Islamic law is called
the option of puberty and is incorporated in the Dissolution of Muslim Marriages
Act, 1939 (Annex
19) as section 2 (vii) and provides an additional
ground to a woman on the basis of which she can have her marriage
dissolved.
- The
evidence of a child witness is admissible in some situations. Similarly if a
child is being tried as a juvenile offender there
are special provisions that
empower the courts to remove persons from the court if deemed necessary.
- The
views of the child in most cases depend upon the attainment of some mental
maturity.
2. Views of the child and the Islamic tradition
- Islamic
law acknowledges the views of the discriminating minor, that is a child who
is 7 years of age or over, and is ready to grant
him special
privileges. Some of his contracts, if consented to by his guardian, are treated
as valid. This Islamic approach is
also reflected in the Guardians and Wards
Act (Annex 7, Appendix XVIII).
3. Enhancing awareness about the views of the child
- There
is a growing awareness in Pakistan that greater respect should be accorded to
the views of the child not only in legislation
and court procedures, but also in
the way children are treated by their parents and elders. With a view to
promoting greater respect
for the views of the child, NCCWD is taking
steps:
To educate and train personnel dealing with children. A
workshop was arranged at the Federal Judicial Academy to train judicial
officials
along with NGOs dealing with the child. The emphasis was on
mobilizing the judiciary for the implementation of the provisions of
the
Convention in the administration of juvenile justice. Another workshop was
organized for master trainers in the social welfare
sector;
To sensitize public opinion to respect the views of the child through
provincial workshops organized by NCCWD;
To make children aware of the importance of their own views. A workshop was
conducted by children for children to create awareness
about the rights of the
child;
To prepare parents to encourage the views of children. Parents attend
workshops and develop an increased sense of awareness regarding
their role in
child welfare and development. There is, however, a need to encourage seminars
and workshops in which parents and
children are encouraged to exchange views on
issues pertaining to the child, as well as other issues. The Social Welfare
Training
Institute also organizes courses for parental development, family
environment and child care, as well as alternative care for nannies.
IV. CIVIL RIGHTS AND FREEDOMS
A. Name and nationality (art. 7)
- The
rights envisaged by the Convention on the Rights of the Child as to name and
nationality are guaranteed by the Constitution and duly accorded by the law.
The subject of “infants and minors” is listed in the concurrent
legislative list giving
both the Federal Government and the provincial
governments the authority to frame laws for their welfare, protection and
development.
1. Nationality
- The
Constitution empowers the Federal Government to initiate appropriate legislation
on the subjects of “nationality, citizenship and naturalization”.
Legislation has been enacted and implemented. The relevant statutes are the
Pakistan Citizenship Act 1951 (Annex 20) and the Naturalization
Act 1926.
Citizenship may be obtained by birth (when a person is born in Pakistan),
descent (when either the mother or father of
a child is a citizen of Pakistan
under Pakistan Citizenship (amendment) Ordinance, 2000) and naturalization
(conferred by the Federal
Government on the completion of required period
of residence in Pakistan). Exceptions to the rule of nationality by birth are
made
for a father enjoying diplomatic immunity in Pakistan or one who is an
enemy alien. Nationality is lost when a citizen, other than
a minor
(below 21 years), acquires dual nationality and thereafter renounces
his status as a citizen of Pakistan.
2. Birth registration
- The
provincial governments are responsible for legislation on birth registration,
which is a residuary subject under the Constitution. The Parliament legislates
for the Islamabad Capital Territory alone. Comprehensive laws on birth
registration exist in Pakistan
covering the four provinces, Azad Jammu and
Kashmir, Northern Areas and the Islamabad Capital Territory. The Births, Deaths
and
Marriages Registration Act 1886 (Annex 21) the Cantonments Act 1924 and the
National Registration Act 1973 (Annex 22) provide for
birth registration, in
each province and region of the country. The birth register is a public
document and is open to inspection
by any person. A copy of the entry may be
obtained on payment of the required fee.
- Contravention
of the laws as well as by-laws is an offence. Wilful default, furnishing false
information or causing unreasonable
delay in reporting birth are acts punishable
with a fine. The penalty prescribed is revised with the passage of time. The
amount
of the fine varies according to region and local council. Officials
committing wilful default, refusing to register birth or deliberately
recording
false particulars are also punishable with a fine.
- The
Directorate of Social Welfare, Government of the Punjab, in collaboration
with UNICEF, sponsored a study on birth registration. The study was
completed in 1995
and covered a sample size of three divisions of the Punjab
Province, namely, Rawalpindi,
Lahore and Bahawalpur. As the area covered by
the study and the sample of respondents was limited, the results may not be very
representative.
In the urban areas, out of a total sample
of 301 families,
232 or 77.07 per cent were found to have complied fully with the
requirement of birth registration. Twenty-seven
or 8.97 per cent did
not comply, while 42 or 13.95 per cent complied partially. In the
semi-urban belt, out of a sample of 250 families,
210 or 84 per cent
claimed that they had registered their children. Twenty-six or 10.4
per cent had not registered their children,
while 14 or
5.6 per cent registered some children and not others. In the rural
areas, out of a sample of 300 families, 259 or 89
per cent
claimed full compliance with the requirement, as against 27 or
9 per cent who had not complied and 14 or 6.67 per cent who
had complied partially.
- In
a report of the Health Department, Karachi Metropolitan Corporation, Province of
Sindh, out of the total number of births registered
during the calendar year
1994 in three districts, a total of 117,325 children were registered, of
whom 108,536 were registered in
time and the remaining 8,789 were registered
late. These three districts of the city of Karachi were South, East and
Central. In
the same area, during the first half of 1995, a total of 58,410
children were registered, of whom 53,574 were registered in time
and 4,836 were
registered late. Comparing these figures with the estimated total population
and birth rate of Karachi Metropolitan
Corporation, the report states that only
33 per cent of births are registered. It is a fairly dismal figure
for an urban area.
The situation in rural areas may naturally be even more
disappointing.
- The
causes for non-compliance or for delayed registration range from a lack of
general awareness in society to shortage of staff and
equipment in registration
offices, as well as unnecessary formalities and complications involved in the
process of registration,
such as requiring the head of family to produce his
national identity card or proof of residence or to pay a penalty for late
registration.
- To
improve the system of birth registration, the Government of Pakistan has
constituted a highlevel committee called the National
Committee on the
Registration of Child at Birth. It comprises representatives from the relevant
federal and provincial ministries
or divisions, the local government
departments, UNICEF and concerned NGOs. The mandate given to the Committee
calls for it to make
suggestions for filling gaps in legislation and for
reviewing existing laws and bylaws with a view to bringing uniformity to the
provisions and modernizing them, as well as for devising a mechanism and
measures for ensuring full and compulsory birth registration
in the country.
The committee has been meeting regularly and has made considerable progress. It
is scheduled to submit its report
fairly soon for consideration and
implementation by the Government.
- Local
government institutions responsible for birth registration have, under
instruction from the Government, initiated a process
of reviewing their by-laws
so as to remove bottlenecks and simplify the procedure for birth registration.
Penal provisions are also
being reviewed for rationalization, revision and
effectiveness. Indeed, many institutions have already done so and have reported
compliance. Attention is also being given to the training of the concerned
officials. A nationallevel three-day workshop for master
trainers was organized
by the Ministry of Women Development, Social Welfare and Special Education in
collaboration with UNICEF.
Its main purpose was to impart training and
orientation in diverse fields of social welfare and birth registration.
Arrangements
are under way for master trainers to impart training at the
provincial level and a monitoring system is to be set up at the district
level.
- The
Government is considering computerizing the process of birth registration, so as
to bring about accuracy, speed and efficiency
in the system. The system of
issuing national identity cards to citizens has already been computerized in
some cities and work is
in progress for extending this facility to
others.
3. Right to a name
- There
is no specific provision of law which confers the right to a name. However,
this does not necessarily imply that such right
does not exist. The right is
indeed recognized and duly conferred under Islamic provisions, as well as
prevailing norms and traditions.
The right may be said to flow indirectly from
the need to establish paternity, as adoption is not permitted under Islam.
Further,
parents are conscious of their responsibility to name their newborn
babies. The issue is accorded due priority and the obligation
is fulfilled in a
matter of days following birth. The right is also indirectly acknowledged by
the prevailing laws on birth registration.
Birth registration is compulsory but
it cannot be performed till the child is named. The birth registration form,
which is filled
in by the head of the family, contains columns for the name of
the child, as also for other particulars such as father’s name,
date of
birth and residential address. The right to a name is, therefore, duly
acknowledged and guaranteed in Pakistan.
- Citizens
generally have the right to change their names to the names of their choice.
There is no specific law on the subject, and
usually an advertisement in the
newspaper is deemed sufficient. There may be practical difficulties though, for
example, having
the name changed on educational testimonials and certificates,
which is known to be difficult in Pakistan.
4. Right to be cared for
- Islamic
law, prevailing traditions and the national law recognize the right as well as
responsibility of parents and relations to
care for and provide sustenance and
protection to the child. The primary responsibility for child rearing and
upbringing rests with
the parents. In deciding the issue, the court takes into
consideration the best interest of the child. Ordinarily, the custody
of the
male child up to age 7 and of the female child until the age of puberty is
automatically given to the mother. The father
is responsible for providing
maintenance, while the children are in the custody of the mother, even if the
mother happens to be a
non-Muslim or
- is
resident abroad. If for any reason the parents are unable to protect the child,
a guardian is appointed for the purpose. The
appointment is made by the court.
If the child has attained sufficient maturity, his preference for a particular
person to be appointed
as his guardian is generally accommodated. The guardian
is required to protect the child’s person and property. The relationship
continues till the child attains majority.
- The
law prohibits the child under the age of 12 being deserted or abandoned by
parents or a guardian. Infringement is punishable
with imprisonment for up to 7
years, or with fine, or both. The Punjab Children Ordinance 1983 (Annex 7,
Appendix XII) makes it
a criminal offence for a person, other than a parent,
having the control or charge of a child, to wilfully fail to provide for his
food, clothing, lodging or medical needs. Numerous other provisions protect the
child from abuse, neglect and exploitation either
by parents or relations or any
other person responsible for the protection of the child.
- Institutions
exist, both at the government and private level, for the care, protection and
development of destitute or abandoned children.
These institutions are not
adequate, hence new ones are being established. Government institutions are
financed out of public revenue,
while private institutions are supported through
philanthropic donations and Zakat funds. The performance of these
institutions is regularly evaluated. Improvements, wherever needed and
feasible, are made to make
them more effective and efficient. The Ministry of
Women Development, Social Welfare and Special Education (National Zakat
Foundation), has initiated the process of establishing homes at the divisional
level, under the name of Apna Ghar, for the protection and rehabilitation
of destitute children. The first phase of the programme will be followed by the
establishment
of similar homes (institutions) at the district level. These
homes will provide shelter, education, health care and other facilities
to the
target group.
B. Preservation of identity (art. 8)
- The
right to identity is enshrined in the Constitution and safeguarded by several
laws, including those dealing with birth registration, acquisition of
citizenship and national identity
cards. The law protects not just the right to
a person’s identity, but also group identity as a member of a religious,
cultural
or linguistic community. Minority communities may establish and manage
their own religious institutions. The Constitution further safeguards the right
of a section of society having its own distinct language, script or culture, to
preserve and promote
the same, and for this purpose permits the setting up of
appropriate institutions. Religious minorities are governed by their respective
personal laws in the areas of inheritance, family matters and charitable
institutions.
- The
National Registration Act 1973 (Annex 22) deals primarily with the issue of
personal identity. It provides for the compulsory
and universal registration of
all citizens: minors as well as adults. It is incumbent upon parents and
guardians to get the child
or ward registered. The law also obliges every adult
citizen, having attained 18 years of age, to apply for registration and get
a
national identity card (NIC). The NIC is generally regarded as conclusive proof
of the citizen’s identity. The card is
multipurpose and is demanded as
proof of the citizen’s identity at the time of obtaining a passport,
seeking employment, casting
his vote and opening a bank account. Failure to
apply for registration is a penal offence, punishable with a fine. The
courts
- duly
enforce the law and protect the rights guaranteed therein. It is not
permissible for the Government to deprive anyone of his
or her identity or of
rights and benefits attached thereto. Efforts are being made to streamline the
system of NIC, in vogue since
1973, since not every entitled citizen has yet
been issued the card and some non-citizens, particularly illegal immigrants and
refugees,
have obtained such cards and abuse or misuse them. The
Government has now introduced the system of computerized registration and
considerable progress
has already been achieved in this respect. The
registration centre in the federal capital has started issuing the new
computerized
cards and other centres in the country are expected to follow
suit.
- A
child under 18 is not issued an independent NIC, but the head of each family is
required to have his children registered under a
separate format. This
registration is later used for issuing an independent card when the child has
attained maturity.
- A
person may lose his or her identity as a citizen of Pakistan on relinquishing
his citizenship. This happens when a citizen of Pakistan
takes up citizenship
of another country and is required under the laws of that country to do so.
Children of such a person retain
their nationality till such time as they opt
for their father’s new nationality. Pakistan has dual nationality
agreements
with some countries, and agreements with more States are expected to
be signed.
C. Freedom of expression (art. 13)
- The
Constitution of Pakistan, in its preamble as well as in article 2 A, states that
the people will be guaranteed fundamental rights, including the
freedom of
expression. Article 19 of the Constitution also guarantees every citizen the
right to freedom of speech and expression. It further guarantees the freedom of
the press.
- Rights
guaranteed are available to all citizens (including children) without any
distinction of age or sex. The main opportunity
available to children to
express their opinions freely - either orally or in writing or in the form of
art - is at school. Local
and inter-school competitions and debates are most
popular. Most schools organize leisure and cultural activities where children
have ample opportunity to express themselves. There is considerable room for
improvement, and children of all categories need to
be encouraged, through
freedom of expression, to think independently. At home, the opportunity for
expression depends mainly on
the family, its level of education and
resources.
- The
right to freedom of expression is not unqualified; some restrictions have been
imposed on the exercise of this right. Such restrictions
must be
“reasonable” and “imposed by law”. This would mean that
any executive or administrative measure
which impinges on such fundamental
rights will be illegal and should be struck down. Any unreasonable restriction
outside the laid
down Constitutional Division may be challenged in the courts.
In case the restriction is found to be unreasonable, the court shall
strike down
not just the action, but also the law which imposes the restriction.
- The
right to freedom of expression is an important right. The right is also
recognized and upheld by Islamic law and traditions.
The development of the
intellect is an acknowledged purpose of the Shariah. Such development is not
possible without freedom of
expression. Further, it is the basis for a
democratic society and representative system of government. Civilized
existence, the
pursuit of happiness and development are unthinkable in the
absence
of this crucial right. The right, however, is subject to reasonable
restrictions all over the
world. This is so because reasonable limits on
the exercise of this right are desirable and justifiable - their object being
the
protection of the honour and reputation of other individuals, security of
the state and welfare of the nation. Consequently, there
exist in Pakistan,
several laws, which to varying degrees, restrict the exercise of this right.
Such laws include the law of defamation,
sedition and contempt of court etc.
Some provisions of Islamic law have been included in the Offence of Qadhf
Ordinance, 1979 (Annex 16) that seeks to protect the reputation and moral
integrity of a person. Accordingly, the law takes cognisance
even of abuses
hurled at individuals, whether major or minor, when these seek to challenge
paternity.
- The
courts protect the right to freedom of expression and zealously guard against
any unlawful or unjustified encroachment on the
exercise of this right. The
courts probe the impugned action and interpret the provisions of law under which
such action is taken.
They examine the executive action on the touchstone of
the law warranting it, and also interpret the law in the light of prescribed
constitutional limits, so as to determine the legality of the action and vires
of the law. In case the action is found to be illegal
or the law is found to be
violative of the Constitution, both the action and law can be struck
down.
D. Access to appropriate information (art. 17)
- Inherent
in the right to freedom of expression is another and equally important right,
namely, right to receive and transmit information
and other material. Such
information may be oral or written, in the form of art or through other means,
and may be obtained from
national or international sources. States parties to
the Convention are obliged to ensure that children have access to such
information
and material that promotes their spiritual and moral well-being and
physical as well as mental health. They should be protected
against such
information or material that is inappropriate or harmful to their growth or
development.
The print media
- The
mass media in Pakistan plays a dominant role in the dissemination of information
with a view to informing, educating and entertaining
the public. The print
media publishes news, views and opinions of national and international incidents
and happenings and comments
on matters of public concern. The newspapers have
columns containing information of interest to children. Special features and
magazines for children are also published regularly. With some exceptions, all
newspapers and magazines are published in the private
sector. The Government,
thus, does not exercise any control over the reporting of news or editorial
content. There is no censorship.
- The
newspapers are published in Urdu, English as well as some regional languages.
To facilitate them in receiving news, the Government
operates one news agency
called Associated Press of Pakistan (APP). Here again, the Government exercises
no monopoly as quite a
few other news agencies operate in the private sector.
The press is free to receive information from any of these agencies or from
international agencies.
The electronic media
- Radio
and television play an equally important role in the dissemination of
information, education and in providing entertainment
to the public. There is
widespread ownership of radio sets and 55 per cent of children have access to
television programmes. The
Pakistan Broadcasting Corporation Act 1973 (Annex
23) provides for awareness and education through quality programmes and
maintenance
of a proper balance in subject matter. Such programmes, the Act
states, must aim at promoting national unity, the principle of democracy,
freedom, equality, tolerance and social justice and must discourage parochial,
racial, tribal, sectarian, linguistic and provincial
prejudices.
- Programmes
from several satellite channels are also received through the installation of
dish antennas. Radio Stations are also being
set up in the private sector.
Some local private radio stations have already become operational.
- The
electronic media regularly show programmes specially prepared for children.
PTV2, a special channel, shows programmes on education
and entertainment. It
mostly telecasts educational programmes prepared by the Allama Iqbal Open
University, Islamabad. This university,
in collaboration with the Shalimar
Recording Company (SRC), recently developed special video packages for students.
These packages
include information and material that is of interest to children.
The packages also include material in the shape of animated films.
The
programme is quite popular with students and contributes substantially to the
proper growth and development of children.
Film
- Films
are another medium of public entertainment and education. The Motion Pictures
Ordinance 1979 (Annex 24) provides for the certification
as well as exhibition
of films in the country. The Ordinance aims at preventing the presentation of
improper or objectionable films.
Thus, no film made locally or imported may be
exhibited without obtaining a certificate for its exhibition. Films as per
their
subject matter, content and presentation are classified as
“U”, which stands for “unrestricted public exhibition”,
or “A”, which stands for “restricted to adults”.
Violation of the law is a penal offence, entailing imprisonment
of up to three
years, or a fine of up to PRs 100,000, or both.
- The
market, however, is flooded with home-videos to which children are also exposed.
Any control on these videos mainly depends on
parents and guardians.
Books for children
- The
Government has established textbook boards at the provincial level for printing
books, particularly textbooks for the undergraduate
level. The universities and
other educational institutions also prescribe syllabi and courses for their
students. The Government
has established the National Book Foundation, which is
responsible for arranging the publication of books, particularly foreign
editions,
at affordable prices. The purpose of this foundation is to make
textbooks easily available to students. The publication of books,
text or
general, is usually
- undertaken
by publishing houses that operate in the private sector. Books and magazines,
especially for children, are regularly published
as well as imported. Schools,
colleges and universities have libraries with book borrowing facilities. Public
libraries have also
been established in the major cities. The major problem
with the libraries in Pakistan is the lack
of sufficient resources and the
rising price of books, especially imported books. Some international agencies,
namely the American
Centre, the British Council, the Iranian Centre and the
Goethe Institute, operate library services, but these libraries do not
cater
to the needs for course texts and other material. They have libraries in
the federal capital as well as some provincial metropolises.
In general, the
rising cost of publishing books is driving this vital source of information away
from the reach of a large proportion
of children.
The internet
- The
Internet is fast becoming an easy source of information for people all over the
world. Children in Pakistan are naturally interested
in this popular source of
information. The recently announced IT Policy by the Government is a
revolutionary step towards making
Internet access cheaper in Pakistan. For the
development of IT in Pakistan under this policy, the Government has allocated
more
than PRs 15 billion during the fiscal year 2000/2001.
International information exchange
- The
Government encourages international exchange of educational, social and cultural
information and for this purpose has entered
into several bilateral and
multilateral agreements. Such agreements also provide for participation by
educationalists, scientists
and intellectuals in international conferences.
Material harmful for children
- With
a view to protecting the people, especially children, from bad influences and
harmful effects, the Government strictly follows
the policy of prohibiting
pornographic material and obscene literature. Religious norms and cultural
values also disapprove of such
material. Consequently, national laws prohibit
the import, export, production, sale or distribution of such material.
E. Freedom of thought, conscience and religion (art.
14)
- The
Constitution of Pakistan guarantees every citizen the right to freedom of
thought and freedom to profess, practise and propagate his religion.
It allows
a religious denomination or a sect thereof to establish and manage its own
religious institution. The exercise of such
rights is, however, subject to law,
public order and morality (art. 20). It also states that a person attending any
educational
institution may not be forced to receive religious instruction or
participate in a religious ceremony or attend religious worship
if such
instruction, ceremony or worship relates to a religion other than his own (art.
22). Further, the Constitution (art. 21) provides safeguards against taxation
for the purpose of any particular religion. Thus, constitutional safeguards
carry
a double connotation: the freedom to believe and practise one’s
religion and that no one shall be forced to adhere to or practice
a religion
other than his own.
- A
Ministry of Religious Affairs has been created at the federal level. It
formulates and implements policies for religious harmony
and peace in society.
The Ministry also provides financial assistance for the preservation and
maintenance of religious institutions
and places of worship. It helps followers
of various religions to visit holy places and shrines and perform pilgrimage. A
large
number of NGOs are working to promote tolerance and religious
harmony.
F. Freedom of association and peaceful assembly (art.
15)
- The
rights of freedom of association and peaceful assembly are guaranteed by the
Constitution. Article 16 states that every citizen shall have the right to
freedom of assembly, peaceful and without arms, subject to reasonable
restriction imposed by law in the interest of public order. Similarly articles
2 A and 17 (1) speak of the right of every citizen
to form associations or
unions, subject to reasonable restriction imposed by law in the interest of the
security or integrity of
Pakistan, public order or morality. Article 17 (2)
provides that every citizen, except those in the service of Pakistan, may form
or be a member of a political party, subject to reasonable restriction imposed
by law in the interest of the security or integrity
of Pakistan.
- The
right to form or be a member of an association or union or a political party has
a fairly wide scope. The right extends to forming
all sorts of associations,
such as societies, clubs, associations, companies, trade unions and political
parties. The Constitution allows full liberty to form any association for any
lawful purpose. The purpose may be to work in the economic, social or political
fields or to promote science, art, literature, religion or charity. Thus,
labour or trade unions, students’ unions, teachers’
associations,
employers’ and employees’ associations and confederations and
professional bodies, all come within the
ambit of this constitutional
right.
- A
large number of student councils, societies and clubs exist and function
throughout the country. Such councils, societies and clubs
consist of student
representatives. They organize various activities such as debates, sports and
cultural shows. Educational institutions
provide full support including
finances to such councils, societies and clubs.
G. Protection of privacy (art. 16)
- The
Constitution guarantees the inviolability of the dignity of the human person.
Article 14 states that “the dignity of man and, subject to
law, the
privacy of home, shall be inviolable”. Article 4, likewise, states that
“no action detrimental to the life,
liberty, body, reputation or property
of any person shall be taken except in accordance with the law”.
Article 35 obliges
the State to protect “the family, the mother and
the child”.
- The
Constitution states in no uncertain terms that the right to human dignity is
absolute and unqualified and may not be violated on any ground or
reason
whatsoever. The privacy of the home is also protected, though such protection
is subject to law. No interference with or
intrusion into individual privacy is
permissible except in accordance with the law and for justifiable
reasons.
- Article
14 embodies Islamic injunctions on human dignity, honour and the privacy of the
home. Strict prohibitions exist against eavesdropping,
tapping of telephones
and stealthily photographing something inside the house. Such acts are regarded
as an invasion of privacy
and, as such, are prohibited.
- With
respect to the child’s honour and reputation, libel and slander are
regarded as tort; damages may be claimed through a
court of law. Defamation is
also a criminal offence under the Pakistan Penal Code punishable with
imprisonment, extending up to
two years or with fine, or with both.
H. Protection against torture and inhuman treatment (art. 37
(a))
- The
Constitution very clearly supports the provision of this Convention. Article 14
states that the “dignity” of man is “inviolable”
and
that “no person shall be subjected to torture”. Article 11 (4)
states that no person shall be compelled to do “compulsory
service”
which is
of “a cruel nature or incompatible with human dignity”.
Furthermore, articles 9 and 10
speak of the “security of a
person” and provide necessary safeguards against arrest and
detention.
- The
constitutional safeguards are fully reflected in the laws of the land,
especially in the case of children. Thus, the Pakistan
Penal Code (sects.
82-83) exempts a child below 7 years of age from criminal liability, and a child
above 7 but below 12 years of
age may also be given similar exemption, if it is
proved that such child did not have sufficient maturity to understand the nature
and consequence of his conduct. The burden of proof could be shifted to the
prosecution in this case.
- The
Criminal Procedure Code (sect. 497) provides that a child below 16 years of age
may be released on bail even if charged for a
non-bailable offence carrying
capital punishment or imprisonment for life. Section 561 of the same Code
provides further that a
person below 21 years of age, if convicted for
an offence not punishable with death or transportation for life, may be released
on
probation for good conduct by executing a bond with or without surety. Laws
have also been enacted which provide for the trial of
juvenile offenders by
separate courts and, if convicted, their placement in reformatory
schools/borstal institutions where they may
be given necessary education and
training so as to be rehabilitated in society.
- The
Government has initiated the process of reviewing existing laws and procedures
so as to bring them into conformity with the provisions
of the CRC. It has
recently promulgated new legislation, the Juvenile Justice System Ordinance,
2000, for the trial and treatment
of juvenile offenders. This law prohibits the
death sentence, handcuffing, putting in fetters or any corporal punishment for
children.
The law also provides a fairly liberal procedure for the bail and
release of a child pending trial. If found to be in conflict
with the law, a
child, rather than being sent to prison is required to be placed in a borstal
institution where she/he will be kept
in a conducive environment and will be
given education and training.
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
A. Parental guidance (art. 5)
1. Parental guidance and
legal provisions
- The
family system in Pakistan provides a traditional safety net to all of its family
members. Women and children enjoy emotional,
social and economic security not
found in many other systems. Joint family systems and extended family systems
are prevalent. Even
people living in nuclear families have close links with
their extended families. The family structure of Pakistan has a profound
stabilizing effect on children. Children are strongly conditioned by the
Islamic code of ethics, morality and Koranic instructions
regarding parental
responsibility toward children and vice versa.
- Protection
of marriage, family, mother and child is an acknowledged principle of policy
under article 35 of the Constitution of Pakistan. This is further strengthened
by the inviolability of the privacy of the home, which is a fundamental right
under article
14 of the Constitution. These provisions support parental
guidance through the institution of marriage and the strengthening of the family
as the primary
unit of the social system, within the inviolable right of privacy
of the home. Respect for the responsibilities, rights and authority
of parents
flows naturally from these provisions and is also supported considerably by the
Islamic traditions and norms.
- The
law considers the family as the fundamental unit of society. It ensures that
the child grows up under parental guidance and affection.
Respect for the right
of parents, and even that of the extended family, is reflected in the fact that
the law interferes with such
authority only when the family breaks down. In
such cases, too, the law gives preference to the next of kin, or the extended
family,
in granting responsibility for the guidance of the child. The law
imposes criminal penalties for the neglect of the child. Occasions
for
governmental interference arise when family relations are threatened, or the
relations are overshadowed with violence, or when
childcare provided by the
parents has not reached the required standards due to poverty or other
reasons.
2. Programmes to enhance awareness about
responsibilities,
rights and duties of parents and guardians
- It
is generally agreed that the mother is primarily responsible for the upbringing
of the child, because she can give more affection
to the child, but the father
is not absolved of his responsibilities. In Pakistan this is especially true,
as the child spends more
time with the mother. Colleges for home economics,
population planning and various institutes impart training towards preparing
young mothers to cope with motherhood.
- Research
on child welfare is undertaken by the social welfare departments, NGOs and
universities in Pakistan. Studies have been conducted
by free legal aid
organizations like the Pakistan Women Lawyers’ Association (PWLA) and
psychiatric and mental health organizations
in all the provinces.
- The
Montessori Association has been conducting training of parents and teachers in
urban slums since 1952/53. It provides training
to teachers, especially for
pre-school teaching. The Association has its head office at Karachi and 10
branches all over the country,
with two at Lahore and one at Peshawar. It has a
school working in Quetta under the supervision of the All Pakistan Women’s
Association (APWA). The Montessori Association has 100,000 members, including
beneficiaries, and works in association with APWA
and Girl Guides Association.
The funding it receives is mostly through student fees and pilot
projects.
3. Cooperation between private and public sector organizations
- The
Government of Pakistan through the NCCWD and the corresponding provincial
departments, the major coordinating agencies for child
welfare and the
implementation of CRC, has devised a coordinating mechanism by organizing an NGO
forum. This forum regularly meets
to evolve means and plans to implement the
provisions of CRC. (The names of the participating NGOs are provided as Annex
26.)
- The
NCCWD has been instrumental in promoting community participation, joint
programming and joint evaluation of child welfare programmes,
both at the local
and national levels. NGOs have actively participated in this entire activity,
sometimes with limited support from
the public sector.
- One
hundred and thirty community organizations are reaching children in the poorest
communities of urban areas.
B. Parental responsibilities (art. 18, paras. 1-2)
1.
Legal measures and responsibilities
- The
law considers both parents to be the natural guardians of the child and as such
they are responsible for the healthy and safe
upbringing of the child.
Provisions have been made, and procedures have been laid down in the law, for
children who are neglected
by their parents. For instance, a police officer in
the provinces of Sindh and Punjab (Punjab Children’s Ordinance and Sindh
Children’s Act (Annex 7, Appendix XIII)) is authorized to bring before the
court any child who is destitute. The court, after
assessing the circumstances,
may send the child to a relative or to a government established industrial
school, or to a juvenile
institution. Abandoning or wilfully neglecting a child
is a criminal offence under the Pakistan Penal Code as well as under the
Punjab
Children’s Ordinance (Annex 7, Appendix XII). The Guardians and Wards Act
(Annex 7, Appendix XVIII) obliges the legally
appointed guardian to provide
adequate care for the child and also for his education. The Vaccination
Ordinance (Annex 27) makes
it mandatory for guardians to have children above the
age of six months vaccinated as required. These laws are silent in the event
if
the parents or the guardians are unable to provide facilities for the child due
to poverty, though the Guardians and Wards Act
(Annex 7 Appendix XVIII) does
provide cover to children who have lost one or both
parents.
- Among
the legal measures that assist parents in the discharge of their parental
responsibilities are the facilities of maternity leave
given to mothers,
educational allowances, free medical facilities, contributions through the
Zakat fund and the Bait-ul-Mal, and childcare facilities. Most of
these measures are covered under government rules, as well as industrial laws.
2. Administrative and other measures to assist parents
in
the discharge of their responsibilities
- Due
to the joint family system and social norms, parents and grandparents share the
responsibility of bringing up and educating their
children. In order to
encourage women to work, many day-care centres have been opened by the
Government and NGOs to help parents
discharge their responsibilities.
3. Additional measures for community awareness
about
parental responsibilities in rural areas
- Parents
in general exercise their responsibilities for the upbringing and education of
children through their own resources. In rural
areas, due to lack of education
and poverty, relatively large family size and traditional community life styles,
parents often encourage
their children to work so that they can make a
contribution to family chores and income. To promote the best interests of the
child,
in particular their health and education, community awareness campaigns
have been launched to promote the role and contribution of
parents in the
upbringing and character building of their child. Campaigns are also launched
through the print and electronic media.
In addition, the Universal
Children’s Day is celebrated at the national level. These programmes have
contributed a great
deal towards creating awareness about parental
responsibilities.
- The
task of NGOs has assumed significant dimensions, particularly in the areas of
preventive and promotional strategies to elicit
the maximum support and
cooperation of parents as a prerequisite to development.
4. Cooperation between private and public sector
organizations
- Community
involvement in child welfare activities is being encouraged at the national and
provincial levels. The National Council
of Social Welfare and NGOs cooperate in
child welfare activities through the National NGOs Forum and the National
Resource Centre.
The nature and extent of this cooperation varies with the
activities undertaken. The aim, however, is to create awareness and spread
the
cause of children in the country. In most private sector organizations, the
skills required by child welfare workers range from
initiating and planning
activities, mobilizing funds, filling in forms, visiting schools, attending
parents’ meetings and sending
invitations to children to participate in
programmes. Issues that are of primary concern to community-based organizations
are being
addressed at all levels.
5. Family counselling facilities
- The
Social Welfare Officers provide guidance to parents about problems arising from
large family size, overcrowding, unemployment,
drugs, earning for the elderly,
pressures in extended families, school dropouts and child labour. In certain
institutions, such
as centres for special education, hospitals and a large
number of NGOs, family counselling is provided through their service outlets.
Childcare is also provided through the maternity and child health centres of the
health departments and NGOs.
- A
great deal of attention is being given by NGOs in the country to parental
counselling, particularly of those parents whose education
and training is
limited and who have a poor comprehension of their child’s growth
milestones.
- An
effective role is played by 55,000 Lady Health Workers, along with the network
of the Family Planning Association of Pakistan (FPAP).
6. Facilities for working parents
- Day-care
centre services are provided to working parents living in urban communities.
These centres provide childcare services on
a daily basis through childcare
workers, psychologists and attendants (ayahs). Working parents leave
their children at the centre nearest their residence when going to work.
Feeding, educating and caring
for the health of the child are the primary
functions of these centres. Provincial governments, in all the four provinces,
have
set up such centres.
7. Quality of childcare services in the country
- There
are 15 children’s homes, two of which are run by the Government and the
rest by NGOs. The quality of care in these institutions
has continued to
improve over the years. It is monitored in the following
manner:
The Government Social Welfare Department has set minimum
standards of care which are followed by the institutions;
The Government of Pakistan (Social Welfare Department) has promulgated the
Supervision and Control of Orphanages Act;
In order to enhance their capabilities, social welfare training institutes
conduct regular training courses for childcare workers
in the province;
Nannies are also trained to enhance childcare work.
- On
the whole the services provided in these institutions are satisfactory. Some
institutions have also established “advanced
babies homes” or
Gehwaras. Dar-ul-Flah and SOS villages are exceptionally good
institutions, providing such services as shelter, with free board and lodging,
basic education,
vocational training and recreational facilities.
8. Number of children benefiting from childcare
services
- Given
the paucity of child welfare services in the country, and the inadequate record
keeping of those who do provide such services,
it is not known what percentage
of children benefit from childcare programmes. There are, however, a large
number of NGOs operating
nationwide and with the present mandates of both the
NCCWD and the National Commission on the Status of Women (NCSW) a vibrant
childcare
programme is expected to be under way soon.
9. Resource constraints, future initiatives and monitoring
strategies
- The
International Year of the Child and the Declaration of the Rights of the Child
helped in making substantial improvements in childcare
services in the country.
Some of the major initiatives include:
Giving priority to childcare,
parental counselling and teacher training;
Incorporating child welfare concerns in sectoral planning;
Strengthening community based child welfare services in both urban and rural
areas;
Emphasizing child oriented issues within the country’s development
framework and national agendas;
Improving income generating aspects of economic development and poverty
alleviation endeavours;
Highlighting the contribution of grass roots organizations in evaluating
performance, building viable local-level mechanisms and integrating
services in
the dynamics of the “community culture” in the country;
Prioritizing training of grassroots workers, community activists and children
themselves in preparation for assuming lead responsibility
in their
community’s development.
C. Separation from parents (art. 9)
1. Legal
measures
- A
child in Pakistan cannot be separated from his parents against the will of the
parents, unless the parents are arrested. The family
courts have the power to
appoint a guardian for the child under the Guardians and Wards Act (Annex 7,
Appendix XVIII) in all cases
of separation, for the care and welfare of the
child, who is under 18 years of age. The guardian is appointed at the request
of
any person desiring to become the child’s guardian, or the request of
any relative or friend, or that of the district magistrate
of the area where the
child is ordinarily residing. All parties interested in the welfare of the
child can participate in these
proceedings and be heard. The legal system
allows for the child’s views to be given full consideration in the
appointment
of a guardian.
- NGOs
are working actively on the issue of separation of the child from his parents
and are trying to evolve mechanisms for support
services. The leading NGOs in
this field are the Human Rights Commission of Pakistan (HRCP), the Pakistan
Women Lawyer’s Association,
the Pakistan Association of Social Workers,
the Pakistan Council for Child Welfare, the Pakistan Federation of University
Women and
the Legal Aid Society. More attention needs to be given to the social
and psychological issues arising from the separation of children
from their
parents, and NGOs need to be encouraged to undertake this work. The main
obstacle is the lack of accurate statistics
on various issues of divorced
parents and measures pertaining to separation from parents.
2. Administrative measures for preventing separation
when
this is in the best interest of the child
- Family
courts have the power to decide whether a child is to be separated from his
parents when the parents have been arrested. The
courts can also give the
custody of the child to relatives who may be interested in the child or, in the
best interest of the child,
send the child to an industrial school, that is, an
approved school or a juvenile institution. The family courts are always guided
by the welfare of the child in settling such issues.
- The
NCCWD is collaborating with International Social Services (ISS) Geneva in
dealing with cases of reunification of families both
at home and abroad. The
Commission also tries to ensure the rehabilitation of children and families by
collaborating with both public
and private agencies.
- The
role and contribution of social welfare departments and NGOs in ensuring that
the child is not separated from his parents, except
when this is in the interest
of the child, has been of immense value. Their efforts have not only helped in
reconciliation between
parents, but also in placing children in good foster
homes. The commitment of these voluntary organizations is laudable. For
example,
institutions like Kashana-e-Atfal, Nasheman, the All Pakistan
Women’s Association and Darul Falahs have contributed substantially
to the cause of children and to ensuring their continued well-being within the
family. There are 31
registered orphanages in the Punjab and five centres are
being run in the NWFP by NGOs. A Darul Falah (orphanage) is also
functioning in Quetta.
3. Measures to ensure contact with parents for a
child
separated from his or her parents
- In
Pakistan parents are seldom separated from their children, but if such a
situation arises, it is solved by family traditions and
law (Guardians and Wards
Act (Annex 7, Appendix XVIII) and Children’s Act (Annex 7, Appendix
XIV)). In the case of separation/divorce,
parents are always allowed to meet
their children.
4. Cooperation between private and public sector
organizations
- There
is a substantial collaboration between the public sector agencies and voluntary
organizations in the area of family environment
and welfare of the child. A
large number of
- NGOs
are associated directly or indirectly with the NCCWD and its provincial
counterparts. Their programmes include training child
welfare workers,
orientation of planners and administrators, in-service education of personnel in
the public and private sectors,
training of primary school teachers,
institutional strengthening, delivery of services and monitoring of childcare
activities at
the village and the mohallah level. The NCCWD and PCWDs
have established an NGOs Forum with ample representation of NGOs working in the
field of
child rights. The NGOs forward their recommendations in the form
of project proposals to
the NCCWD, in order to collaborate with the donors
for their implementation at the grassroots level.
5. Percentage of children separated from their parents
due
to abuse, neglect and other reasons
- Data
on separated parents/children are not available at present. However, it is
estimated that such cases may not be too many, keeping in view the
traditions prevalent in Pakistan. Orphanages, registrars of the
high courts and
family courts have been contacted to furnish data on cases in this area in the
courts, as well as on children in
contact with their parents.
6. Measures to make known the whereabouts of the
absent
parent to the child
- At
present a number of NGOs are performing the task of keeping children informed of
the whereabouts of their absent parents. If children
are lost or
kidnapped, the government machinery as well as a number of NGOs
make efforts through the electronic and print media and personal contacts to
reunite them with their parents. These NGOs include
the Ansar Burney
Trust, Anjuman Faizul Islam and the Sattar Edhi Trust and many
others.
7. Availability of social workers specializing in separation
issues
- The
social workers in the public and private sector deal with cases of separation,
but trained specialists are not available as yet.
8. Steps taken to train social workers
- Universities
in Pakistan offer courses in basic methods of social work based on “social
case work” at the master’s
level, through their social work
departments. In these courses, family welfare and reunification techniques are
taught through case
studies. For practical work, students are placed with
different organizations. Trainees develop their skills in their field of
specialization by helping children of separated families overcome their feelings
of isolation, insecurity and despair. NCCWD has
requested university professors
to encourage students
to undertake studies/research on child rights, family
environment and forms of exploitation
of children. Professors have also
been requested to initiate projects with NCCWD on child rights.
D. Family reunification (art. 10)
Policy
- In
compliance with article 10 of CRC pertaining to family reunification, the
Government of Pakistan is trying to adopt measures to
enable the child to
maintain contact with both parents should they be residing in different areas.
These measures are facilitated
by the following legal
provisions:
Foreigners Act, 1916 (Annex 28) and Foreigners Order,
1951 (Annex 29);
The Exit Control Ordinance, 1981 (Annex 30);
Passport Act, 1974 (Annex 31) and Passport Rules, 1974 (Annex 32);
Immigration Ordinance, 1979 (Annex 33).
- Although
family reunification is not mentioned as the objective of these laws, they have
nonetheless been interpreted as well as utilized
in eventually protecting the
child and the family. Their basic objective is to protect national security,
public safety and public
health. The National Commission for Child Welfare and
Development (NCCWD) is making efforts to ensure that the relevant federal
government agencies adapt, interpret and modify the content of these legal
procedures to the advantage of child and family, and in
the long run to employ
them for family reunification.
- NCCWD
has been designated as a focal point of the International Social Services (ISS)
Geneva, to deal with cases of reunification
of families both at home and abroad.
The Commission examines cases extensively in order to rehabilitate families, and
collaborates
with both public and private sector agencies as well as advocacy
groups for this purpose.
- Following
correspondence with international agencies, the NCCWD examines the cases and
obtains the consent of both the child and the
parents. The commission then
requests the concerned Embassy of Pakistan to facilitate the child’s
joining his/her parents
in the country. A similar procedure is adopted in cases
where parents live abroad and the child is required to join them.
- Efforts
are made to facilitate the adjustment of the child to his/her new environment,
in cases of children who have to join their
family in another country. The
concerned social welfare officer is responsible for extending maximum facilities
to the child to
get his/her bearings in the new community. Efforts are also
made to reunite the child with his family in as short a duration as
is possible
from the time of receipt of an application in the NCCWD.
E. Recovery of maintenance for a child (art. 27, para.
4)
- Suits
for the recovery of maintenance can be brought under the Family Courts Act
of 1961 and maintenance is awarded according to the
provisions of Islamic
law, that is, according to the financial status and earning ability of the
father. Suits for the recovery
of maintenance can also be filed from outside
Pakistan under the Maintenance Ordinance, 1960 (Annex 34).
- In
addition to this, the Bait-ul-Mal provides financial assistance to
deserving families. During 1994/95, the Bait-ul-Mal replaced food stamp
schemes with food subsidy schemes and the distribution is monitored at the
district and tehsil levels by a committee comprising district level
officers, Bait-ul-Mal and Khidmat-e-Khalq committees. Food
subsidies were provided by the Bait-ul-Mal through this scheme to
families whose income is not more than PRs 1,500 per month. A sizeable
amount has also been disbursed to widows,
orphans, the disabled and victims of
natural calamities.
F. Children deprived of a family environment (art. 20)
- Foster
placement is not recognized in Pakistan under any law. Adoption is also not
permitted in Pakistan under Islamic law. Courts
have given a ruling that there
is nothing in Islamic law that is similar to adoption as recognized under Roman
legal systems. Yet
the concept of guardianship assures protection of family
life. Guardianship ensures that the child knows his/her paternity.
G. Adoption (art. 21)
- As
stated above, adoption is not permitted under Islamic laws, and provisions of
the Convention pertaining to adoption cannot be enforced
in Pakistan. As a
substitute to adoption, Islamic law provides for a very strong system of
guardianship through the immediate as
well as the extended family.
- The
Guardians and Wards Act (Annex 7, Appendix XVIII), however, provides for the
care of children without parents. One provision
of this Act states that
“in appointing or declaring a guardian under this section, the Court shall
be guided by the law, consistent
with the law to which the minor is subject,
that appears in the given circumstances to be for the welfare of the
minor”. The
appointment of the court-guardian is similar in some cases to
adoption and the recommendation in this article of the Convention is
not totally
alien to the law in Pakistan.
H. Illicit transfer and non-return of the child (art.
11)
- The
authorities in Pakistan are empowered under the Exit from Pakistan (Control)
Ordinance, 1981 (Annex 30) to combat the illicit
transfer and non-return of a
child abroad. This law can be effectively employed to prohibit the departure of
persons notwithstanding
the fact that such persons may be in possession of valid
travel documents. In addition to this, the Immigration Ordinance provides
that
a child below 18 years of age is not to be assisted to emigrate for purposes of
employment. Through the employment of such
laws it is possible to devise an
evaluation system for checking and controlling the transfer of children without
lawful authority.
I. Abuse and neglect, including physical and psychological
recovery and social reintegration (arts. 19 and 39)
- There
are some laws in Pakistan that exclusively deal with the protection for children
from abuse and neglect, and make extreme cases
punishable. Family laws are
enforced in the country and observe parents’ commitments towards the
provision of rights to the
family and the best interest of the child, but
certain factors, such as extreme poverty, ill health or divorce of parents, have
prevented
the application of these laws. NGOs in collaboration with Social
Welfare Training Institutes at Lahore and Karachi are conducting
regular
training courses for childcare workers whose primary responsibility is to look
after such children. A directive was recently
issued for intensive training
programmes for child welfare workers engaged in these activities. About 1,600
persons have already
been trained and at the conclusion of the programme the
figure would be 3,000.
J. Periodic review of placement (art. 25)
- There
is at present no mechanism for a periodic review of the cases of children who
have been placed with various institutions. The
Directorates of Social Welfare,
the NGOs and the NCCWD should collaborate to create such a mechanism in the
interest of the child.
VI. BASIC HEALTH AND WELFARE
A. Survival and development (art. 6, para. 2)
- To
ensure the survival and development of the child, a number of programmes have
been launched under the primary healthcare programme.
These include Expanded
Programme of Immunization (EPI), Control of Diarrhoeal Diseases (CDD) programme,
Training of Lady Health
Workers (LHW), Traditional Birth Attendants (TBA) and
Nutritional Programme. During the year 1999/2000, 4 million children were
immunized against six killer diseases
and a total of 23 million ORS packets
were distributed among children below 5 years
of age.
Table 2
Demographic data on Pakistani children
(1996)
Estimated
mid-1996 population figures
|
(in millions)
|
Total population of Pakistan
|
130.0
|
Children below 15 years (41%)
|
53.3
|
Children below 5 years (16%)
|
20.8
|
Yearly births (3.9%)
|
5.07
|
Yearly increase in total population (3%)
|
3.9
|
Number of children living in urban areas (32%)
|
17.05
|
Number of children living in rural areas (68%)
|
36.24
|
1.3 persons of working age for each child under 15 years
|
|
About the same proportion estimates expected in the four provinces,
AJK, FATA, FANA and Capital
|
|
Source: Economic Survey 1996/97.
Table 3
Health indicators for children (year 1993)
|
88 per 1 000 live births
|
Under-5 mortality rate
|
138 per 1 000 children
|
Girls
|
139
|
Boys
|
137
|
Low birth weight
|
30% of all births (1991)
|
Life expectancy at birth
|
62 years
|
Source: Economic Survey 1996/97.
Progress towards achievement of year 2000 goals
- World
leaders participating in the World Summit for Children in 1990 undertook a joint
commitment to give every child a better future.
Pakistan was one of the six
initiators of the World Summit and prepared a National Programme of Action (NPA)
to pursue the goals.
The NPA, an integral part of the SAP and 8th Five Year
Plan (1993-1998), is envisaged as a process of monitoring progress towards
the
goals for the year 2000. Monitoring is required for the implementation of the
CRC as well. The progress made towards some of
the major goals is reflected
below.
Immunization
Goals 2000: Raise coverage to at least 90 per
cent
Table 4
Percentage of children immunized
Percentage of children
immunized
|
1990
|
1995
|
1996
|
Antigen
|
|
|
|
BCG
|
93
|
65
|
93
|
DPT 3
|
83
|
55
|
77
|
OPV 3
|
83
|
55
|
77
|
Measles
|
73
|
53
|
78
|
Tetanus (women)
|
41
|
41
|
50
|
Source: National Institute of Health, Ministry of Health.
Table 5
Neonatal tetanus
|
2000
|
Elimination of tetanus by 1995
|
|
1995
|
Same
|
|
|
Status
|
Annual number of cases of neonatal tetanus
|
1990
|
1995
|
1996
|
|
|
1 067
|
1 580
|
2 012
|
Trend
|
Slow progress since 1990
|
|
|
|
|
Year 2000 goals are very challenging
|
|
|
|
Source: EPI Programme, Pakistan Institute of Medical Sciences.
Table 6
Measles
|
2000
|
Reduction by 95% in measles deaths and by 90% of measles cases compared to
immunization levels by 1995
|
|
1995
|
Same
|
|
|
Status
|
Annual number of cases of measles
|
1990
|
1995
|
1996
|
|
|
1 768
|
1 726
|
1 090
|
Trend
|
Year 2000 goals are very challenging, however, major improvements are
expected
|
|
|
|
Source: EPI Programme, Pakistan Institute of Medical Sciences.
Table 7
Polio
|
2000
|
Global eradication of polio
|
|
1995
|
Elimination of polio
|
Status
|
Annual number of cases of polio
|
1990
|
1995
|
1996
|
|
|
777
|
490
|
341
|
Trend
|
Year 2000 goals are achievable. A significant reduction is expected to
occur as a result of extra effort in the form of National
Polio Immunization
Day
|
|
|
|
Source: EPI Programme, Pakistan Institute of Medical Sciences.
- The
other goals relating to vitamin A deficiency, iodine deficiency disorders (IDD),
oral rehydration therapy (ORT), breastfeeding,
guinea worm disease and
malnutrition are also being satisfactorily met and monitored. Guinea worm
disease has been eliminated.
Figure 8
Positive movement towards child survival
- 19
million ORS packages were administered to children under 5;
- 78 per cent of
children (0-11 months) were immunized (1996);
- 100,000 Lady
Health Workers (LHWs) expect to be inducted and trained, of whom 55,000 were
trained by 1997.
Table 8
Malnutrition
|
2000
|
Reduction of 1990 level of severe and moderate malnutrition in children
under 5
|
|
1995
|
Above reduction by 20%
|
Status
|
Proportion of children under 5 years fell below -2 standard deviation
from median height for age
|
1990 40%
|
1995 38%
|
Source: Ministry of Health.
- Despite
efforts in this regard, malnutrition continues to contribute to child morbidity
and mortality.
B. Disabled children (art. 23)
- In
1947 there were only two institutions for the disabled: La Rieu School for the
Blind and the Emerson School for the Blind. There
has been significant growth
of services since
then and today a vibrant interlinked system is available
in the country, supported by the
Disabled Persons (Employment and
Rehabilitation) Ordinance, 1981. The services received a boost when the Social
Welfare and special
education division was established in 1981 and four special
education centres, one for each disability, were established at Islamabad
in
1982/83. In 1985, the Directorate General of Special Education (DGSE) was
established with the following functions:
Collection of vital
statistics on disabilities;
Development, execution and coordination of national plans and programmes in
special education;
Detection and prevention of disabilities;
Development of curricula and maintenance of special education standards;
Development of instructional technology, promotion and coordination of
special education research;
Financial and technical assistance to NGOs engaged in the welfare, training
and rehabilitation of the disabled;
Financial and technical support for the promotion and development of
activities, like boy scouts, girl guides, sports and recreation
for the disabled
person;
Financial assistance to educationists and men of letters in special education
as well as to their bereaved families;
Scholarships and fellowships in special education, from international
agencies, such as WHO, UNICEF, UNDP, the Japanese International
Cooperation
Agency (JICA), the British Council and ILO;
Standardization and manufacture of personal aids and appliances for disabled
persons;
Support and management of indigenous aids and appliances and distribution
network.
- The
provincial governments have contributed by establishing special education
centres within their respective jurisdictions. Voluntary
organizations are
matching government efforts by marshalling their own resources, supplemented by
the DGSE.
1. Administrative measures
- The
DGSE is responsible for initiating and implementing plans and policies for the
provision of services to the disabled. A brief
account of the policies, plans,
infrastructure, institutional arrangements is given below.
Special education centres
- Forty-nine
special education centres have been established in the main cities to provide
the following services to disabled children:
Assessment and
diagnostic services;
Provision of personal aids and appliances;
Special education services;
Specialized services for each disability, i.e. audiology, earmould
fabrication, speech therapy, physiotherapy, Braille, and mobility
training,
among other services;
Training in arts and crafts.
National Institute of Special Education
- The
National Institute of Special Education was established at Islamabad in 1986
with the purpose of developing manpower in the field
of special education by
conducting short and long courses for the teachers of public and private
institutions. The Institute has
six major aims:
To coordinate
training programmes for those who work in special education, whether they are
employed in the federal or provincial
centres or in NGOs;
To work with overseas aidgiving agencies in the organization of training
courses that require the services of experts and consultants;
To provide support in the development of university departments of special
education for higher professional qualifications;
To undertake a direct, organizational and instructional role in respect of
training, up to diploma and master’s level courses;
To disseminate information about special education through publications and
reports of research and by arranging national seminars
and workshops on relevant
themes;
To assist special education centres to develop curricular response to the
needs of their pupils and to adopt appropriate teaching
strategies.
Special education at the universities
- Special
education is an emerging subject in Pakistan and the main obstacle in the way of
rapid expansion of services is the lack of
trained manpower. Dependence on
training abroad is not a practical and realistic solution to the problem. To
overcome this difficulty,
courses
leading to the master’s degree have
commenced at the special education departments at Karachi University
(Karachi), Punjab University
(Lahore), and Allama Iqbal Open University
(Islamabad). Approximately 135 students benefit from these departments every
year.
National Institute for the Handicapped
- The
Directorate General of Special Education established the National Institute for
the Handicapped in 1987 at Islamabad. The Institute
is housed in purposebuilt
premises at Islamabad and has the following objectives:
To
coordinate the national effort for the prevention of disabilities, to plan and
develop integrated referral systems throughout the
country and serve as a
training centre for those involved in the prevention of disabilities;
To plan and develop a system of early detection and discovery of any
disability in children;
To plan and develop a multiprofessional assessment and diagnosis system at
the divisional and district levels;
To plan and develop a health surveillance system through the existing
institutions;
To coordinate and support treatment of the disabled by various institutions
at different levels in the country;
To provide treatment to the disabled in various disabilities;
To provide medical rehabilitation services for cases of severe
disabilities;
To carry out research in the field of artificial limbs, their progressive
assembly and the manufacture of hearing aids, and to carry
out research into
various disabilities;
To provide detention bays and convalescent facilities to 160 indoor
patients.
National Mobility and Independence Training
Centre
- A
National Mobility and Independence Training Centre has been established at
Islamabad for providing training to teachers and workers
engaged in the welfare
and education of visually impaired persons. Foreign experts were engaged during
the period 1986/88 to conduct
courses for master trainers on mobility techniques
and daily living skills. These master trainers now provide training to visually
impaired persons, parents and teachers of NGOs and federal and provincial
government institutions. The Centre has provided training
facilities to
about 2,000 persons during the past nine years.
National Talking Book Centre
- Visually
handicapped children learn either through Braille or through cassettes. The
DGSE has established the Talking Book Centre
at Islamabad. The Centre records
textbooks on all subjects taught from class VI to class X in the four provinces,
on audio cassettes.
The cassettes are distributed among visually handicapped
students on the recommendation of the heads of their institutions. In
addition
to recorded cassettes, deserving students are also provided with pocket
recorders (walkman) free of cost. Popular television
and radio artists donate
their voices for recording books.
- Similar
centres have also been established at Karachi by the Pakistan Association for
the Blind and the National Federation for the
Welfare of the Blind (Hatim
Alvi Memorial Libraries).
National Braille Press
- The
two Braille presses, at Bahawalpur (Education Department, Government of the
Punjab) and Karachi (National Federation for the Welfare
of the Blind), were not
enough to meet the growing needs of visually handicapped students and for the
printing of books. To overcome
the shortage of books and other teaching
material, the DGSE has established a Braille press at Islamabad. This press is
equipped
to produce books and other material.
National Training Centre for Disabled Persons
- The
National Training Centre for Disabled Persons (NTCD) has been established at
Islamabad by the Federal Government. Disabled persons,
of all categories, who
are physically mobile and able to pursue vocational training, are entitled to
benefit from this facility.
The main objectives of the NTCD are as
follows:
To provide vocational training and rehabilitation services
to 150 persons of all categories in six trades: welding, bench fitting,
machining, knitting, tailoring and electric/electronic equipment;
To provide placement services for successful trainees with a view to
assisting them in getting jobs suitable to their training and
disability;
To demonstrate to the community the ability of the handicapped to become
contributing members of society;
To enable the handicapped to become productive members of society.
- The
federal Government has also initiated similar projects at Karachi and Lahore to
cover as many disabled persons as possible. The
Social Welfare Department,
Government of Sindh has also established vocational training centres at the
divisional headquarters in
the province of Sindh.
Manpower Development on Speech Therapy Programme
- Most
disabled children, especially the hearing impaired, face speech problems. This
necessitates speech therapy. Accordingly, the
Manpower Development on Speech
Therapy Programme has been introduced. Training courses on speech therapy have
been organized through
this programme at the National Institute for the
Handicapped with the financial assistance of UNICEF. This facility is also
provided
by NGOs, such as the Speech and Hearing Disorder Centre, Mardan, the
Deaf Education and Welfare Association, Karachi, and the Teacher’s
Training College for the Deaf, Lahore.
National Library and Resource Centre
- A
National Library and Resource Centre has been established at Islamabad. The
Centre is attached to the National Institute of Special
Education, and carries
books and publications on special education along with other teaching material.
Parents, teachers and the
general public also benefit from this
library.
Laboratories for the fabrication of earmoulds
- A
laboratory has been set up at Islamabad for the fabrication of earmoulds.
Similar laboratories have been established by the Deaf
Education and Welfare
Association, the National School for the Deaf, Gujranwala, and the Speech and
Hearing Disorder Centre, Mardan.
National Council for the Rehabilitation of Disabled
Persons
- To
ensure the rehabilitation of disabled persons, the Government of Pakistan
promulgated the Disabled Persons (Employment and Rehabilitation)
Ordinance,
1981. This ordinance envisages the fixing of a 1 per cent quota of jobs for the
disabled in all agencies that employ
more than 100 persons. The Ordinance
provides for a National Council for the Rehabilitation of Disabled Persons
(NCRDP). The Council
has since been established with the following
objectives:
To formulate policies for the employment, rehabilitation
and welfare of disabled persons;
To evaluate, assess and coordinate the execution of its policy by the
provincial councils; and
To have overall responsibility for the achievement of the purposes of the
Ordinance.
- The
following are the leading institutions for the rehabilitation of the
disabled:
49 special education centres;
National Institute of Special Education;
University-based departments of special education at Karachi, Lahore,
Islamabad;
National Institute for the Handicapped;
National Mobility and Independence Training Centre;
National Talking Book Centre;
National Braille Press;
National Training Centre for Disabled Persons;
Manpower Development on Speech Therapy Programme;
National Library and Resource Centre;
Laboratories for the fabrication of earmoulds;
National Council for the Rehabilitation of Disabled Persons.
Provision of financial assistance
- The
Special Education and Social Welfare Division provides financial assistance
to 29 NGOs. The funds are utilized for the expansion
and improvement
of existing services for disabled persons. Additional transport and technical
assistance is provided to the provincial
departments and NGOs to improve their
functioning.
The disabled population
- The
World Health Organization (WHO) has estimated the existence of 10 per cent
of disabled people within the total population of developing
countries.
This means that at least 10 million people in Pakistan suffer from
some form of disability and are in need of support
or assistance. Studies,
undertaken in Pakistan and elsewhere, indicate that within this population
estimated by WHO, there exist
a smaller number of people with severe
disabilities that require effective and immediate support on a long-term basis.
The size
of this group is estimated to be 2 to 4 per cent of the
entire population.
Sports and recreation
- The
DGSE has acquired membership of the International Sports Organization for
Disabled Persons. Likewise, the Pakistan Association
of the Blind has obtained
membership of the International Blind Sports Association. Sports and
recreational programmes are an integral
part of co-curricular activities for
handicapped children as well as adults. In addition to the annual sports
programmes arranged
by the provincial governments and NGOs, an unprecedented
sports rally of the disabled took place in January 1990. More than
500
children, with various disabilities, participated in the rally. The
Pakistan Television Corporation arranged a live telecast of
the event.
Advocacy and mass awareness
- The
Pakistan Television Corporation and Radio Pakistan have launched regular
campaigns for highlighting the needs of the disabled.
Material has also been
prepared in the public and private sectors for the guidance of parents in
particular and the public in general.
David Wernor’s famous book,
Village Disabled Children, has been translated into Urdu for the benefit
of teachers and parents.
- A
national workshop on “Media and people with disabilities” was
organized in February 1988 at Islamabad, in collaboration
with the local
office of UNICEF. Delegates
from the Government and NGOs, numbering 59,
participated in the workshop and developed
a handbook on “How to
improve our communication about people with disabilities”. The Pakistan
National Centre (Ministry
of Information and Broadcasting) is also playing a
significant role in creating awareness among the masses through symposia,
seminars and panel discussions.
National Trust for the Disabled
- The
National Trust for the Disabled was established at the federal level, under the
Charitable Endowment Act, 1890 (Annex 35) to prepare
and execute policy and
plans for special education, as well as to coordinate, evaluate and undertake
expansion and revitalization
of the existing services, and to initiate new
schemes for disabled persons. The funds for the Trust include grant-in-aid from
the
Government and donations from Zakat
funds.
Travel concession
- Pakistan
International Airlines (PIA) grants 50 per cent travel concessions to the blind.
The Government is trying to obtain similar
concessions for all disabilities.
Pakistan Railways allows 75 per cent concessions to the blind and 50 per cent to
orthopaedically
disabled persons. Escorts and wheelchairs are provided to the
needy at main railway stations. The Government of NWFP grants 50
per cent
concessions to the disabled for using public road transport.
Vocational rehabilitation project
- A
project called “Pilot vocational rehabilitation and employment of disabled
persons with community participation” was
initiated in collaboration with
ILO. The project focuses on three rural/slum areas, one each at Islamabad,
Karachi and Gujrat.
The main objectives of the scheme are as
follows:
To develop a national programme of rehabilitation
assistance to enhance the economic and social functioning of disabled persons
through
mobilization of community resources;
To establish a non-institutional community-based rehabilitation programme to
reach a larger number of disabled persons in more cost-effective
ways. Three
pilot community rehabilitation units established in rural areas will cater to
the needs of a minimum of 300 disabled
persons annually through vocational
guidance, vocational training and income-generating activities;
To increase the employment of disabled persons, both male and female, in
suitable jobs through more adequate and relevant job training
and through active
participation of the business community by encouraging it to train and employ
disabled persons;
To create awareness and to motivate local communities to participate in the
rehabilitation process of disabled persons through seminars
and workshops, in
collaboration with employee organizations.
2. Integration of disabled children
- The
8th FiveYear Plan envisaged access to primary education for all children
by 1998 (updated achievements regarding access to primary
education are
given in chapter VII). The integration of disabled children into the
requirements of this plan is imperative. The
process of integration commenced
through ordinary schools. UNESCO is assisting in this area. Motivational
programmes tailored by
the staff of the existing special education centres have
had an impact and resistance from parents is on the decrease. The success
is noticeable, up
to 70 per cent, in the case of physically
handicapped, hearing and visually impaired children. The DGSE in collaboration
with the
Ministry of Education is making coordinated efforts for the integration
of disabled children. An experienced consultant has been
engaged for the
purpose.
- In
this effort, the public sector and the private sector are contributing equally
and the operations are being carried out through
various centres. The
provincial governments and NGOs have established centres as follows:
Table 9
Centres established by provincial governments
and NGOs
Centres established by provincial
governments and NGOs
|
Province
|
Provincial governments
|
NGOs
|
Punjab
|
55
|
66
|
Sindh
|
18
|
33
|
NWFP
|
18
|
29
|
Baluchistan
|
1
|
7
|
Total
|
92
|
135
|
Source: Directorate General of Special Education.
- The
total number of beneficiaries including those of 49 federal government centres
is approximately 20,000. The leading NGOs are
engaged in care, welfare,
education, training and rehabilitation of the disabled. The names of these NGOs
and the areas of disability
are given below:
Physical disability:
Pakistan Society for the Rehabilitation of Disabled
Persons (Lahore)
Al-Shifa (Karachi)
Sarhad Society for the Rehabilitation of the Disabled (Peshawar)
Mental retardation:
Darul Sakoon (Karachi)
Association for Mentally Retarded (Karachi)
Parents Voice (Karachi)
Amin Maktab (Lahore)
Visual impairment:
Pakistan Association of the Blind (Karachi)
National Federation for the Welfare of the Blind (Karachi)
Pakistan Society for the Blind (Lahore)
Hearing impairment:
Humza Foundation (Lahore)
National School for the Deaf (Gujranwala)
Deaf Education and Welfare Association (Karachi)
ABSA School for the Deaf (Karachi)
Speech and Hearing Disorder Centre (Mardan)
3. Future plans for special education
- Future
projects and programmes that are being planned are as follows.
Provision of low vision aids
- To
enhance the capabilities of partially sighted persons, a project for
manufacturing low vision aids for visually impaired children
is planned in the
public sector.
Special education centres
- Eighty-one
special education centres are planned in the public and private sectors. As a
followup of the Decade of Disabled Persons,
the Government of Pakistan will
endeavour to establish at least one special education centre for each district
headquarter.
Ortho-prosthetic workshops
- Five
ortho-prosthetic workshops in the public sector and two in the private sector
are functioning to cover, as far as possible, the
population of physically
disabled persons. Three additional ortho-prosthetic workshops are to be
established. These workshops will
provide artificial limbs, braces, crutches
and surgical shoes to the disabled.
Integration of the disabled
- Integration
of disabled children into the mainstream will include a demonstration project
with phased expansion based on careful assessment
of the child. In-service and
pre-service training will be arranged for teachers. This project is being
developed by the Ministry
of Education in collaboration with
UNICEF/UNESCO.
Upgrading of special education centres
- The
Sir Syed Academy for the Deaf, Rawalpindi will be upgraded from secondary to
intermediate level. Forty-six special education
centres located all over the
country will be upgraded from the primary to the secondary level. Necessary
schemes on PC-1 forms have
been prepared to seek the approval of the competent
authority. This step will raise the annual number of beneficiaries to
7,800.
C. Health and health services (art. 24)
1. Health policy
for children
- The
policy aims to provide primary health care to all children (including the female
child, the rural child and the disadvantaged
urban child) as a target to be
achieved by the year 2000. During 1999/2000, 80 per cent of the target of
immunization of children
was achieved, whereas 75 per cent of the target of
the distribution of oral rehydration salts (ORS) packets
was achieved.
(This conforms to the global goals set by the World Summit on
Children.)
2. Legislation on health for children
- Legislation
on health has been a neglected area. There is, however, a growing awareness in
the Government of the need for it. The
National Expert Committee on Health,
constituted by the NCCWD, has drafted legislation in the following
areas:
Food fortification;
Salt iodization;
Amendment of the Pure Food Act;
Rules regarding the Micro Nutrient Malnutrition Control Act, 1994
(Annex
36).
- At
present the Provincial Vaccination Ordinance (Annex 27) is in force. At the
constitutional level, article 38 deals with the provision
of health.
3. Measures to provide primary health care
Public health sector
- Health
is a provincial subject under the Constitution. Most health outlet institutions
are, therefore, administered and paid for by provincial/local authorities,
autonomous bodies or
the Federal Government.
- The
number of registered doctors in 1996/97 was 74,299, registered dentists 2,938,
registered nurses 22,810, registered lady health
visitors 4,250 and registered
midwives 21,304. This was analysed as 1,773 persons per doctor, 46,803 per
dentist and 5,771 per
nurse.[*]
- The
national network of health services consists of 830 hospitals, 4,250
dispensaries, 4,997 basic health units (BHUs), 864 maternity
and child health
centres (MCHs), 501 rural health centres (RHCs) and 260 tuberculosis centres.
There are 86,922 beds in hospitals,
BHUs and RHCs.
Private health sector
- National
health, in the past, has been dominated by the public sector, but over the years
facilities in the private sector have increased.
There are 14,447 medical
practitioners of whom 4,150 are in the province of Punjab, 8,413 in Sindh,
1,433 in NWFP, 425 in Baluchistan
and 165 in Azad Kashmir. The figures for
nurses and paramedics are not available. The
number of private hospitals is
increasing rapidly. Besides these there are NGO-run clinics and hospitals.
These facilities employ
a considerable number of nurses, physiotherapists, LHVs
and TBAs.
- The
private health sector provides about two thirds of the curative services and
only some preventive and family planning services.
The population welfare
centres that provide family planning guidance are operating at the tehsil
level. The Government also recognizes the Unani and Ayurvedic systems in
addition to homeopathy, which is widely practised. The
Unani, Ayurvedic and
Homeopathic Practitioners Act of 1965 (Annex 37) protects and controls
these
systems. At present there are 40,566 registered hakims, 530
registered vaids and 40,181 registered homeopaths in the
country.
4. Public sector coordination
- The
Federal Government undertakes planning and lays down health policy, including
that for the public health sector, while the provincial
governments are
responsible for the execution of the policy. In practice, the provincial
departments of health implement all the
primary health care (PHC) programmes
(though the Federal Government provides supplies, for example for the
immunization and malaria
programmes) mainly through the line departmental
hierarchy (provincial, district, subdistrict and individual facility). Most
communicable
diseases programmes have partly parallel supervisory
systems.
5. Cooperation between public, private and NGO sectors
- Cooperation
between the public and private sectors, including NGOs, is nominal. This
provides an area in which considerable progress
and improvement can be made for
the delivery of PHC. Efforts are being made in this direction.
6. Proportion of budget allocated to child health and the
maintenance
of a balance between curative and preventive health
programmes
- It
is not easy to calculate the proportion of budget allocation to children and its
distribution among the curative and preventive
sectors. Programmes like CDD,
ARI, Expanded Programme of Immunization (EPI), however, are exclusively for
children and children
also
share in almost all other PHC activities,
specially TBA training and LHW outreach
programmes.
Table 10
Public sector expenditure on health
1999/2000
public sector expenditure on health
|
In billion rupees
|
Development
|
5.547
|
Non-development
|
9.051
|
Total
|
14.598
|
Percentage of GNP
|
0.5
|
Source: Economic Survey 1999/2000.
Table 11
Primary health-care budget (1996/97) - federal and
provincial
(in billion rupees)
|
Punjab
|
Sindh
|
NWFP
|
Baluchistan
|
Total
|
1.7
|
5.3
|
2.3
|
1.6
|
0.349
|
11.3
|
Source: Ministry of Health.
Table 12
Population welfare budget
1995/96
population welfare budget
|
1.98 billion rupees
|
Source: Ministry of Population Welfare.
7. Primary health-care programmes
- Primary
health care is planned for all children through the infrastructure and
strategies described. Efforts are being made to expand
these services and
improve their quality. This is being done through the following
programmes.
Social Action Programme (SAP)
- Primary
health care (PHC) and family planning are components of SAP (which also includes
basic education, rural water supply and sanitation).
This programme was started
in 1992/93 to greatly expand the coverage in these essential requirements
of rural and urban disadvantaged
populations.
- During
1995/96 PRs 9.64 billion were allocated under SAP. Besides the Government of
Pakistan, the donors were the World Bank, the
Asian Development Bank and the
Netherlands. The major achievements for 1995/96 included establishment of 84
new BHUs and 20 RHCs,
upgrading of 300 BHUs and 100 RHCs, training of 11,185
TBAs and 55,000 LHWs, immunization of 5.3 million children and distribution
of
19 million packets of ORS. Most of the above achievements were well beyond the
targets for this period.
- A
multi-donor support unit in the World Bank (Resident Mission in Pakistan) and
the Government of Pakistan carry out yearly evaluation
of the SAP performance
through a team of international and local consultants before the release of
foreign assistance.
8. National Programme for Family Planning and Primary Health
Care
- This
programme has made significant achievements and an amount of PRs 1,300 million
was released for various purposes for 1999/2000.
The programme was launched in
April 1994 under the name of “Prime Minister’s Programme for Family
Planning and Primary
Health Care” to supplement family planning and PHC
services in the rural areas (subsequently to be extended to city slums and
squatter communities). At its peak, it will hire 100,000 female health workers
(LHWs), at least one from and for each village.
These LHWs are formally
attached to BHUs for training and monitoring purposes.
- Programme
implementation units have been established at all administrative units down to
the district levels. Implementation started
with 42 districts (the country has
136 districts in all) involving 104 BHUs/RHCs. A manual for their training was
prepared and training
activity undertaken through provincial master trainers,
district trainers and RHC/BHU training staff. By 31 October 1994,
8,334
females were trained for three months initially and posted back in their
villages to carry out family planning and other PHC activities.
PRs 750 million
were allocated for purchase of contraceptives, drugs and transport. The
coverage has since been extended.
- In
villages with a population of more than 1,000, one LHW is posted for every
thousand persons. By 1997, 55,000 LHWs were employed,
trained and posted in
villages. This doortodoor PHC and family planning service is being brought to
the notice of the rural population
through the press and electronic
media.
9. Population Welfare Programme
- The
family planning programme is called the Population Welfare Programme and is the
responsibility of a separate ministry, though
integration with the existing
health delivery system has also been achieved.
- The
objectives of the Population Welfare Programme as laid down in the 8th Five Year
Plan (1993-1998) were to:
Raise the contraceptive use rate from 14
to 24.4 per cent;
Reduce the total fertility rate from 5.9 to 5.4 per cent;
Reduce the crude birth rate from 39 to 35 per cent (according to the
provisional results of the Pakistan Demographic Survey 1997,
the crude birth
rate is 33.8 per thousand population);
Prevent 4.661 million births by serving a population of 20.9 million.
- According
to the National Institute of Population Studies (NIPS), the contraceptive
prevalence rate has been enhanced to 30 per cent
(1999/2000); the fertility rate
has been reduced to 4.9 per cent (1999/2000); and crude birth rate has been
reduced to 33.8 per cent
(1997). However, traditions and religious inhibitions,
illiteracy and low efficiency are the major hurdles in the achievement of
family
planning targets in the country.
10. Expanded Programme of Immunization (EPI)
- The
EPI was launched in 1979. Till the financial year 1993/94, the national
coverage of immunization against six preventable diseases
was reported as 80 per
cent. The programme was then extended for another five years. Pakistan has
adopted a strategy of national
immunization days.
- In
the various health outlets, 2,573 fixed vaccination centres have been
established, while 4,589 EPI outreach teams and 97 mobile
teams are
actively involved for the achievement of the targets. Polio eradication
activities were launched at the national level
for the age group up to 5, from
1993/94 onward. Four national immunization days against polio have been
conducted. The standard
WHO prevalence system has been established.
- The
budgetary allocation for EPI/CDD for the year 1997/98 was PRs 488.659 million.
Out of this PRs 22 million were for health, education
and communication, PRs 16
million for storage management and about 3 per cent for contingencies. The
allocation for CDD/ORS was
PRs 66.617 million. The amount for syringes was
PRs 85.117 million and for vaccines PRs 265.652 million.
11. Iodine deficiency disorders (IDD)
- During
1995/96, 0.59 million persons at risk for goitre were administered lipoidal
therapy by NIH, Islamabad, and 6,000 tons of iodized
salt were supplied by
government-run utility stores. A multimedia promotional campaign was launched
to create awareness about IDD
and demand for iodized salt.
12. Breastfeeding
- A
UNICEF-supported programme of promotion, protection and support of breastfeeding
was started through the Baby Friendly Hospital
Initiative in 63 hospitals during
1995. It was to be expanded to 100 hospitals in the following year. There is
no separate budget
allocation for breastfeeding as it is an integral part of
health education.
D. Social security and childcare services (arts. 26; 18, para.
3)
- Due
to lack of resources, Pakistan has not been able to develop a full-fledged
system of social security. However, the utilization
of Zakat funds and
donations of the Bait-ul-Mal are important steps in this direction. The
Government is now considering a scheme of food stamps and subsidized flour. A
health
insurance system is also being contemplated.
E. Standard of living (art. 27, paras. 1-3)
- Studies
on poverty suggest that the poverty line has been rising since 1987/88. It
reached a level of 22.4 per cent in 1992/93, being
23.35 per cent for the rural
areas and 22.4 per cent for the urban. Thus, in Pakistan today there are
approximately 29 million people
who are unable to meet the minimum nutrition
standards. As 45 per cent of the population is estimated to be under 18
years of age,
13.5 million children may be said to be living in poverty.
- The
Government of Pakistan constituted a task force on poverty eradication. The
report of the task force makes a number of proposals.
The first part of the
report deals with macroeconomic policies, the second part with the institutional
bases for overcoming poverty
including district support organizations (DSOs) and
microcredit facility, while the third part deals with the media strategy for
supporting the five proposed programmes of mobilization, training, employment,
income generation and food security.
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
A. Education including vocational training (art. 28)
1.
Policy provisions and targets
- A
major step towards Education for All (EFA), in consonance with the requirements
of the Convention on the Rights of the Child and
the Jomtien Conference (1990),
was the formulation of the National Education Policy (1992) in consultation with
principal EFA actors
both at the national and local levels.
- Important
targets of education policy for the period 1992-2002 are:
Universal primary education by the year 2002;
Literacy rate of 70 per cent by the year 2002;
Vocationalization of secondary education;
Nonformal basic education system;
Involvement of the private sector, NGOs;
Decentralization;
Network of teacher training institutions;
Community mobilization;
Elimination of gender and rural-urban disparity.
2. Legal measures and implementation
- Legal
measures: The Punjab Government has promulgated an act entitled
“Punjab Compulsory Primary Education Act 1994”. This act defines a
child as a person, whose age at the beginning of the school year is not less
than 5 years or more than
10 years. Normally primary education in Pakistan
means seven years of education. The Act makes non-compliance by
parents/guardians
punishable with a fine. The NWFP is in the final stages of
promulgating such an act, whereas the other two provinces are working
on this
issue.
- Reaffirmation
and reiteration of EFA goals: In May 1995 a United Nations interagency
mission, comprising senior personnel from UNICEF, UNDP, UNFPA, UNESCO and the
World Bank,
reviewed the status of basic education in Pakistan in consultation
with the Federal and Provincial Education Departments and other
principal actors
of EFA. They designed comprehensive proposals and strategies for making primary
schools effective, examined major
non-formal primary education initiatives (a
10-year programme); and suggested ways for improving the management and
implementation
structure for basic education. The Prime Minister of Pakistan
signed the Islamabad Declaration in 1994 reaffirming the goals and
objectives of
Education for All.
- National
Plan of Action: As one of six initiators of the World Summit for Children
held in 1990 and signatory to the World Declaration on the Survival,
Protection
and Development of Children, Pakistan is committed to the global goals for
children and to their development in the 1990s.
The Government of Pakistan
has accordingly formulated a national plan of action for children and their
development in the 1990s,
which reflects a long-term perspective plan to meet
unmet basic needs of children.
- Elimination
of disparity: To eliminate the existing imbalance and disparity between the
urban and rural areas and between males and females, the Government
has taken a
number of steps. In future all new schools will have coeducation and more than
60 per cent of teachers in the new schools
will be female. The recruitment
age of female teachers has been relaxed to increase their availability. To
retain the girl child
in rural schools, free textbooks, stipends and nutritional
food are being provided in disadvantaged and faroff areas. This has already
increased enrolment and reduced the drop-out rate (see table 17 in this
chapter). A focus on increased female participation and
an emphasis on rural
areas is also pre-eminent in the 8th Plan and Social Action Plan. More than two
thirds of all proposed primary
schools will be opened in the rural areas of
Pakistan to remove the disparities between rural and urban areas.
- Public-private
partnership: Education foundations have been set up in all the provinces
and at the national level to promote public-private partnership. Fifty
per cent of the cost of opening new primary schools will be provided by the
private sector, NGOs and community organizations, and
the remaining 50
per cent will be provided by the Government
- both
as grants and loans. Besides, 25 per cent of the recurring cost will be met by
the sponsor and 75 per cent by the Government
for a period of five years. A
standardized school format has been designed for the purpose. All foundations
have started functioning
at the federal and provincial levels.
- Expansion
of the teacher training network: Crash teacher training programmes of
shortterm duration have been launched in areas where female teachers are in
scarcity, as in
Baluchistan. Besides, Allama Iqbal Open University (AIOU) has
expanded its capacity of training 5,000 teachers to 48,000 per annum.
The Asian
Development Bank has also sponsored teacher training programmes, which will
enhance the capacity for training teachers
and improve their quality.
- Strong
basic education grassroots structure: The authority for recruitment of
teachers, school site selection and daytoday school management has been
delegated to district
officials and communities at the grassroots level.
- A
survey to develop a district basic education plan for the provinces of Punjab,
Sindh, Baluchistan and NWFP has been undertaken to
assess needs and facilitate
planning.
- To
run schools more effectively, to enhance enrolment and to reduce the drop-out
rate, school management committees and parentteacher
associations have started
functioning in all the provinces of Pakistan.
- Donor
sponsored development projects: A number of foreign assisted projects have
been launched for promoting primary education. At present more than PRs 20
billion
are committed by donors for longterm promotion and development of
primary education in the country.
- Non-formal
setup: A directorate of non-formal primary education and literacy has been
set up in Baluchistan, Punjab, NWFP and the Federally Administered
Northern
Areas (FANA) to enhance basic education facilities through non-formal channels.
This has provided an alternative source
of primary education at lower cost, for
dropouts. This programme has now been expanded at the national level. Ten
thousand non-formal
primary education centres were planned for 1995/96
nationwide, of which 7,177 have already been established and approximately 2
million
children are enrolled in these schools. To promote literacy, a pilot
project for the eradication of illiteracy was launched in 1992
in selected areas
of Pakistan. This is being followed up by a national literacy plan for the year
2000, which will help in raising
literacy from the existing 37 per cent to 70
per cent.
- It
has been assessed that 41 per cent of rural females can read the Holy Koran,
which means that if a little more effort is made to
improve their Urdu reading
and writing skills, the literacy rate could be enhanced. A pilot programme was
launched in four districts
of the Punjab and the NWFP and around 2,000
persons were made literate. A largescale, countrywide programme is being
developed.
- For
sharper focus on education and literacy programmes, a second television channel
was established in 1992.
- Enhanced
financial allocation to primary education: Under the 8th Plan, out of a
total allocation of PRs 69.031 billion, PRs 39.31 billion were allocated for
basic education, which
is around 40 per cent of the allocation to the
education sector. Besides, GNP spending on education in Pakistan increased from
2.01
to 2.62 per cent during 1996/97. Budgetary allocations for education
increased from PRs 33.8 billion in 1994 to PRs 44.0 billion,
an all time
high level of 32 per cent. During the first four years of the 8th
Five Year Plan, there is an indication of an increase
of 83 per cent in the
allocation of resources.
3. Existing facilities and difficulties encountered
Primary education
- A
total of 163,000 primary schools, including mosque schools, cater to the needs
of about 15.8 million primary school pupils. To
implement a universal primary
education strategy, a total of 107,000 new primary and mosque schools are
planned, to meet an additional
influx of 10.5 million primary pupils by
2002. Further, two-room buildings are needed for 24,750 shelterless
schools and another
20,000 one-room schools also need improvement.
- A
total of 413,000 teachers are teaching at the primary level in the public
sector, of whom about 25 per cent or 101,000 are female
teachers. A
total of 265,000 new teachers are needed to staff the estimated 107,000 new
primary and mosque schools that will be
opened.
- Given
the total number of 15.8 million primary school pupils currently enrolled, the
teacher-pupil ratio is around 39 students per
teacher. However, the
distribution is artificial in the sense that there is an acute shortage of
female teachers, which has been
affecting the development of girls’
primary education. The World Bank Education Sector Strategy Review in 1987
confirmed that
the shortage of female teachers is the most critical impediment
to the development of primary education in Pakistan.
- Female
teachers are reluctant to take up employment in rural areas because of lack of
transportation, the nonavailability of hostels
and lower salaries than in the
urban areas. Estimates of untrained teachers by province show a total of 60 per
cent untrained teachers
in Baluchistan, 40 per cent in NWFP, 25 per cent in
Punjab and 10 per cent in Sindh.
- Per
pupil expenditure in 1993/94 was PRs 1,102 or US$ 37. Cost per pupil by
province revealed a total of PRs 1,084 in NWFP; PRs 1,554
in Baluchistan; PRs
1,672 in Sindh; and PRs 1,182 in Punjab.
- The
shortage of physical facilities and equipment is critical in primary schools.
An estimated 25,000 primary schools are without
school buildings. Many of the
schools are without boundary walls. Most one-room schools in the rural areas
are made of a mixture
of mud, bamboo and galvanized iron sheets. Many
government schools lack some basic facilities, such as running water, etc.
Teaching
kits were developed and distributed to 30 per cent of primary schools.
Secondary education
- Physical
facilities - classrooms, laboratories, libraries, furniture and equipment - are
better as compared to those for primary schools.
Nevertheless, deficiencies are
found and in some schools the facilities are not adequate. This is particularly
true in cases where
schools have been upgraded from middle to high schools or
from high to higher secondary schools, without the addition of appropriate
facilities.
- Classrooms
are overcrowded, desk space is insufficient and sometimes students do not have a
proper surface on which to write. Many
schools do not have the required
equipment to conduct laboratory experiments. Library facilities are sometimes
inadequate. In a
number of cases basic amenities, such as potable water,
electricity, gas and boundary walls, are absent.
- The
lack of well-designed and well-equipped classrooms and laboratories hinders
delivery of education appropriate to the secondary
and intermediate stages.
4. Nature and extent of cooperation with local and
national
organizations of the public and private sectors
- The
private sector is becoming more actively involved in the promotion of basic
education in the country. The number of NGOs promoting
basic education
increased considerably during the 1990s, but the government share is still above
90 per cent; 10 per cent of primary
schools are owned and run by the
private sector, whereas above 90 per cent of such schools are run by the
Government. The role of
the private sector, especially in defining and
implementing the goals and strategies/plan of action for EFA, is very nominal.
- A
USAID study estimates that 1.3 million students are enrolled in 5,000 private
institutions at all levels of schooling. A World
Bank/Asian Development Bank
study of secondary schools in Punjab sets the share of private education at 8
per cent for the primary
level and 11 per cent for the middle level. Overall,
private schools were estimated to cover 8 per cent of primary enrolments in
Pakistan during 1994/95. Enrolments in private primary schools accounted for
almost half a million students enrolled in 1990, about
6 per cent of the total
primary enrolment reported in schools nationwide.
- An
important characteristic of the primary education system in Pakistan is the
opening of primary schools in mosques. The mosque
is a traditional centre of
learning for children and adults of the community. Mosque buildings (owned by
the community) are utilized
for the purpose of primary schooling. Maintenance
and upkeep of the mosque are the responsibility of the local community, but the
Government shares the expenditure by providing the salary of the trained teacher
and an honorarium for the imam of the mosque. The
contribution of the community
is generally in kind, by way of free labour and material, particularly to
construct the building.
At present, around 0.04 million mosque schools are
functioning in the rural areas of the country, providing basic secular and
religious
education up to grade III to around 1 million children.
- A
number of NGOs, some of them well established, are providing literacy and basic
education to a limited segment of the population.
Within the overall
perspective of the literacy situation, as well as the basic education needs of
the country, their coverage is
nominal.
- Efforts
are being made to enhance public-private partnership on an equal contribution
basis through education foundations.
5. Non-formal education
- Non-formal
education programmes are predominantly run by the NGOs with different
partnership combinations. There are two distinct
categories of non-formal
education programmes. The first comprises a triangular partnership between the
NGOs, communities
and the Government. In this tripartite arrangement the
NGO enters into the role of an intermediary, seeking community support for
creating access to education. The NGO also develops links with the government
functionaries helping them to learn skills for a sustainable
relationship with
the communities and optimal utilization of the service, that is, education.
Examples of such programmes are those
run by the Community Support Programme in
Baluchistan, the Integrated Basic Education Programme run by Khwendo Kor
and the Strengthening Participatory Organization (SPO) in the NWFP and the Adult
Basic Education Society (ABES) in Islamabad Capital
Territory (ICT), and those
implemented by the Prime Minister Literacy Commission (PMLC) in 1992 through the
various NGOs and government
departments in all provinces of Pakistan, entitled
“Eradication of illiteracy from selected areas of Pakistan”. The
Government is yet to become an active partner, but it has taken that critical
first step towards recognizing the importance of non-formal
approaches for
improving access through NGO involvement.
- The
second category of non-formal education is a collaboration between
NGOs/community based organizations (CBOs) and the communities.
The communities
are motivated to create their own developmental opportunities in various
sectors. Examples of this category are:
the Bunyad Literacy Community
Council (BLCC) and the Malik Maula Baksh Memorial Trust (MMBMT), the
Society for Advancement of Education (SAHE), the
Youth Commission for Human
Rights (YCHR) and ABES in Punjab; the Orangi Pilot Project, the Street Schools,
Astana-e-Latif and Busti in Sindh, De Lass Gul (DLG) in NWFP; and
the Agha Khan Education Services in the Northern Areas.
Collaboration with the
Government takes place informally at the local
level, but essentially the Government has
a catalytic role.
- The
community is helped, in both categories of non-formal education programmes, by
the NGOs to develop skills of organization, negotiation,
internalization of
rights and access to available services. In addition to the long duration
courses mentioned, there are a number
of short duration literacy programmes
throughout the country.
6. Vocational training and technical education
- The
major task of technical and vocational education programmes is to review the
curriculum in accordance with the change in technologies
and introduce new
technologies in the educational system, replacing out-dated technologies.
Consequently, the Government has taken
the following major initiatives in
redesigning the goals by increasing the base and improving the quality of
technical education.
(a) Vocational education and training programme. The project is
estimated to cost PRs 1,040.31 million. Its objectives are the following:
(i) To establish 70 model vocational schools in various districts (the intake
capacity in each school will be 200 and the total intake
capacity of the project
will be 200 x 70 = 14,000);
(ii) To provide equipment to 100 selected high schools for the introduction of
vocational education and training;
(iii) To provide training to 10,000 students of the 9th class and 10,000
students of the 10th class every year.
(b) Technical
education project. The project is estimated to cost
PRs 2,419.596 million. It is being assisted by the Asian Development
Bank and has the following
objectives:
(i) To make technical education responsive to the needs of the job market;
(ii) To enhance the suitability of the graduates of technical institutions for
employment by improving the quality and relevance
of training;
(iii) To update the equipment and furniture in 43 polytechnic/GCTs
and 4
technical teachers’ training wings/centres and to repair/renovate
and
extend buildings where necessary;
(iv) To construct two new institutes, the Government Polytechnic Institute (GPI)
for Women at Quetta and the Technical Teacher Training
Centres (TTTC) at Sukkur,
as well as buildings for the Government Polytechnic Institute for Women (GPIW),
Karachi and the TTTC, Peshawar
at new sites (they are at present housed in
rented buildings);
(v) To introduce, in 30 institutions, 23 new/additional technologies that are
relevant to the job market;
(vi) To establish research and development units in the provinces and one at the
federal level.
7. Resource mobilization
- Resource
allocation: Investment in education, particularly in basic education, has
substantially increased since 1990. Under the 8th Five Year Plan,
out of a
total allocation of PRs 69.031 billion to the education sector - from basic
to higher education - PRs 39.31 billion were
allocated for basic education
(SAP component), around 60 per cent of the total. The allocation for basic
education is given in the
table below:
Table 13
Basic education allocation/expenditure for SAP/8th
Plan (1993-1998)
|
|
1994/95
|
1995/96
|
1996/97
|
1997/98
|
Total
|
Development allocation
|
5.518
|
6.305
|
7.7730
|
8.604
|
10.586
|
38.786
|
Recurring expenditure
|
13.14
|
14.28
|
15.17
|
26.667
|
17.10
|
86.36
|
Source: Social Action Programme Report 1994.
Table 14
Year-wise allocation for education/basic education
from 1988 to 1995
|
Education
|
Basic Education (Primary + Literacy + Teacher
Education)
|
Development
|
Recurring
|
Total
|
Education budget as % share of national budget
|
Education budget as % share of GNP
|
Development
|
Recurring
|
Total
|
% of total education budget
|
1988/89
|
3 887
|
12 491
|
16 378
|
6.3
|
2.07
|
1 238
|
6 134
|
7 372
|
45
|
1989/90
|
4 719
|
15 009
|
19 728
|
8.7
|
2.23
|
2 005
|
7 021
|
9 026
|
46
|
1990/91
|
4 261
|
1 892
|
22 273
|
7.3
|
2.13
|
1 277
|
8 589
|
9 866
|
45
|
1991/92
|
3 932
|
22 259
|
26 191
|
6.0
|
2.15
|
1 028
|
10 868
|
11 896
|
45
|
1992/93
|
4 172
|
25 025
|
29 197
|
6.9
|
2.14
|
1 614
|
11 762
|
13 396
|
46
|
1993/94
|
4 278
|
30 593
|
34 672
|
7.88
|
2.22
|
2 192
|
14 806
|
16 998
|
49
|
1994/95
|
6.297
|
37 799
|
44 096
|
7.36
|
2.36
|
3 958
|
18 147
|
22 105
|
50
|
1995/96
|
7 517
|
45 125
|
52 643
|
7.14
|
2.44
|
3 799
|
22 091
|
25 890
|
49
|
1996/97
|
12 621
|
51 803
|
64 425
|
8.11
|
2.58
|
8 975
|
26 104
|
35 079
|
54
|
1997/98
|
8 815
|
57 271
|
66 087
|
7.60
|
2.30
|
|
|
|
|
Source: Planning and Development Wing of the Ministry of
Education.
- The
private sector is more actively involved in the promotion of basic education in
the country. The number of primary schools and
NGOs promoting basic education
has increased considerably during the 1990s. Yet, overall no noticeable or
major change has occurred
in community and family expenditure on basic
education. Foreign investment in basic education has been considerably
enhanced. A
dozen foreign agencies are making valuable inputs, especially in
terms of financial and technical assistance for the promotion of
basic education
in the country. Donor money in the form of grants and loans for education
totals over US$ 1 billion.
- More
than 50 per cent of the development budget is spent on the construction
components, followed by teacher training, which accounts
for around 20
per cent. Out of the recurring budget more than 95 per cent of expenditure
is incurred on teachers/staff salaries.
- Foreign
assistance: International donor agencies, including bilateral and
multilateral agencies, raised their support substantially for basic education
in
Pakistan. The major external sources of funding for the education sector in
Pakistan are the World Bank, the Asian Development
Bank, UNICEF and UNDP.
Several multilateral agencies also provide technical assistance, including
UNESCO, JICA, ILO, and most recently,
the World Food Programme (WFP). Bilateral
donors, apart from USAID, include: the Netherlands; Britain, mainly through
official
development assistance (ODA); Germany, through GTZ and in other forms;
Japan through substantial material and financial support;
Canada through CIDA;
France; OECD; and the Scandinavian countries. Within the education sector, a
major portion of the assistance
goes to primary education.
Table 15
Foreign assistance for basic education
(1990-2000)
|
Assistance (US$ million)
|
World Bank (IDA)
|
592
|
Asian Development Bank
|
592
|
USAID
|
252
|
UNICEF
|
10
|
UNDP
|
3.3
|
Source: Planning and Development Wing of the Ministry Education.
Table 16
Literacy rate of Pakistan since 1981
|
|
1990
|
1993
|
1995
|
1997
|
Total
|
26.2%
|
34.8%
|
35.46%
|
37%
|
38.9%
|
Male
|
35.0%
|
47.3%
|
45.29%
|
49%
|
50.3%
|
Female
|
16.0%
|
21.1%
|
24.73%
|
24%
|
27%
|
Source: Prime Minister’s Literacy Commission: Economic Survey
1990/91, 1993/94, 1994/95.
Gross enrolment rates (GER)
- The
following table shows selfexplanatory gross enrolment rates at the primary level
based on an age-group population sample of 5
to 10 year olds.
Table 17
Gross enrolment rates, primary and middle stages
(1991)
|
|
Middle GER
|
(1995/96)
|
(1991)
|
Male
|
Female
|
Male
|
Female
|
Pakistan
|
85
|
64
|
64
|
36
|
Baluchistan
|
86
|
63
|
95
|
19
|
NWFP
|
80
|
49
|
54
|
27
|
Punjab
|
85
|
70
|
65
|
40
|
Sindh
|
86
|
62
|
63
|
38
|
Source: Pakistan Integrated Household Survey 1991, Federal Bureau of
Statistics.
8. Achievements
Primary education
- Comparative
analysis of progress made since 1990 towards achieving the national goals
indicates considerable improvement in the provision
of infrastructure, such as
school buildings (opening new primary schools and expansion/addition of class
rooms), and the supply of
trained teachers, increased finances and funds,
increased awareness of parents and communities regarding the significance of
education,
especially girls’ education, and a higher participation rate at
the primary level. The progress made so far may be judged
from the following
indicators/parameters.
Table 18
Comparative analysis of educational parameters
(1990-1995)
|
|
Mid-decade national targets
|
Position in 1990/91
|
Position in 1994/95
|
Position in 1996/97
|
Primary school population
|
Total
|
18.84 million
|
17.2 million
|
21.2 million
|
21 million
|
Gross enrolment (000)
|
|
|
|
|
|
(i) Primary stage (I-V)
|
Total
|
13 846
|
11 487
|
15 812
|
15 553
|
|
Female
|
|
3 693
|
4 871
|
6 312
|
(ii) Middle stage (VI-VIII)
|
Total
|
|
2 896
|
4 021
|
3 756
|
|
Female
|
|
897
|
1 382
|
1 392
|
(iii) Secondary stage (IX-X)
|
Total
|
|
1.04
|
|
1.546
|
|
Female
|
|
0.285
|
|
0.540
|
Number of schools (000)
|
|
|
|
|
|
(i) Primary school
|
Total
|
172.7
|
114.5
|
163.1
|
150.96
|
|
Female
|
|
30 422
|
41.1
|
46.69
|
(ii) Middle school
|
Total
|
|
8.5
|
13.6
|
14.59
|
|
Female
|
|
3.3
|
5.0
|
6.43
|
(iii) Secondary school
|
Total
|
|
7 184
|
|
9 808
|
|
Female
|
|
1 895
|
|
3 419
|
Table 18 (continued)
|
Indicator/parameter
|
|
Mid-decade national targets
|
Position in 1990-91
|
Position in 1994-95
|
Position in 1996-97
|
Primary school population
|
Total
|
18.84 million
|
17.2 million
|
21.2 million
|
21 million
|
Number of teachers (000)
|
|
|
|
|
|
(i) Primary level
|
Total
|
420.8
|
308
|
413.4
|
339.5
|
|
Female
|
|
85
|
101.7
|
112.6
|
(ii) Middle level
|
Total
|
|
82
|
103.4
|
95.8
|
|
Female
|
|
29
|
41.2
|
38.7
|
Student-teacher ratio
|
Total
|
|
42.1
|
39.1
|
46
|
Dropout rate
|
Total
|
|
50%
|
45%
|
45%
|
(iii) Secondary level
|
Total
|
|
152 000
|
|
160 000
|
|
Female
|
|
4 400
|
|
50 000
|
Participation rate
|
|
|
|
|
|
(i) Primary level (I-V)
|
Total
|
74%
|
64%
|
71%
|
74.8%
|
|
Male
|
88%
|
82%
|
87%
|
85.5%
|
|
Female
|
59%
|
51%
|
55%
|
63.1%
|
(ii) Middle stage (VI-VIII)
|
Total
|
|
36%
|
45%
|
31.6%
|
|
Male
|
|
47%
|
58%
|
36.5%
|
|
Female
|
|
23%
|
31%
|
25.8%
|
Basic education budget (PRs million)
|
|
|
|
|
|
|
Total
|
|
9 866
|
21 781
|
|
|
Development
|
|
1 277
|
21 781
|
|
|
Recurring
|
|
9 866
|
21 781
|
|
% of Total education budget
|
|
|
|
|
|
Source: (i) Pakistan Education Statistics 1992/93 CBE Ministry of
Education;
(ii) Economic Survey 1990/91, 1993/94, 1994/95, 1996/97;
(iii) Planning Wing of Ministry of Education.
- A
comparison of primary education indicators between 1990 and 1995 indicates that
the number of primary schools and teachers has increased
to 1.6 million (42
per cent increase) and 0.413 million (34 per cent increase)
respectively, and is catering to the needs of 15.8
million (38
per cent increase) students at the primary level. The participation rate
has increased from 64 per cent in 1990/91 to
71 per cent in
1995. This highlights the fact that during the 1980s the average increase
per year in the participation rate had
been less than 1 per cent. In
the 1990s it registered an average increase of 1.2 per cent per year.
The following indices indicate
the trend in the participation rate,
especially in the final years of the five year development
plans.
Table 19
Indices of participation trend (primary education
level)
|
|
2nd Plan 1964/65
|
3rd Plan 1969/70
|
Non-Plan period 1977/78
|
5th Plan 1982/83
|
6th Plan 1987/88
|
7th Plan 1992/93
|
Recent 1994/95
|
Total
|
36%
|
45%
|
46%
|
54%
|
48%
|
52%
|
68.9%
|
71%
|
Source: Five Year Development Plan documents, 1st, 2nd, 3rd, 5th,
6th, 7th and 8th Plan.
- It
is encouraging to note that the province of the Punjab, the biggest province of
the country, has reported that it is close to attaining
the target for the
required number of primary schools. The priority now is to provide buildings to
shelterless schools and to add
rooms to existing schools. Further, in view of
substantially increased donor assistance for the promotion of basic education
and
increased resources for basic education, it is hoped that during the second
half of the decade the country will be in a better position
to make a
breakthrough in accomplishing the target of universalization of primary
education. It is encouraging to note that Pakistan
has achieved
an 89 per cent participation rate at the primary stage during
1999/2000. A number of development projects in basic
education, sponsored by
donor agencies, are at the initial stage of implementation. This together with
the Social Action Programme
(SAP), which lays focus on girls’ primary
education, act as confidence building indicators towards achieving reasonable
EFA
targets.
Secondary education
- In
1994/95 the total number of high schools in the country was 12,513 (male 7,815;
female 4,638), while secondary vocational institutions
numbered 724 (male
394; female 330). Enrolment at the senior level (IX-X) was 1,470,000 (male
920,000; female 550,000) and in secondary
vocational institutions total
enrolment was 93,000 (male 62,000; female 31,000). The number of teachers
was 211,000 in high schools
and 6,294 in secondary vocational institutions. The
overall participation rate at the secondary level was 30 per cent
(male
38 per cent; female 20 per cent).
9. Measures to promote family and community participation in
education
- Some
provinces are attempting to involve communities through district education
officers. Baluchistan has followed a more productive
route by mobilizing
community involvement with the assistance of a contracted NGO. Over 250
community schools
have been set up through this mechanism. NGOs are now
being funded to open
approximately 60 community schools in three districts
along the lines of those established in Baluchistan.
- Punjab
has contracted out a study of ways to involve communities in school construction
and maintenance, and the selection of teachers,
and will experiment with these
mechanisms on a pilot basis when the study is completed. Sindh already has the
Agha Khan Community
schools and is currently setting up and strengthening
parent-teacher associations to support local schools. These PTAs are allowed
to
use the yearly fee per student for maintenance and other support of the schools.
- SAP
plans state the intention of involving field-based NGOs to undertake community
mobilization work that facilitates linkages between
communities and various
government agencies. There are estimated to be approximately 10,000 NGOs in
Pakistan. All provinces have
competent NGOs with at least some experience in
mobilizing communities for education.
10. Targets and future initiatives
- Initially
a three-year SAP (1992/93 to 1995/96) was formulated, but was later overtaken by
the exercise carried out for the 8th Five
Year Plan. Consequently, a five-year
SAP (19931998) was formulated. Responsibility for its implementation was given
to the provincial
governments with the involvement of the community, NGOs and
the private sector. The SAP is a multistructured programme that includes
provision of clean drinking water, sanitation, population planning, health and
primary education. In primary education, SAP aims
at establishing 55,000
primary schools, mainly for females, at a cost of PRs 46.64 billion spread over
a period of five years. The
programme was meant to create 6.46 million new
school places for children and it has raised the participation rate of girls
from
53 to 79 per cent by 1999-2000.
8th Five Year Plan
- The
main goals and targets of the 8th Five Year Plan (1993-1998) in Education For
All are as follows:
(a) Universalizing access to primary education
for all boys and girls aged 5-9 years;
(b) Enactment and enforcement of legislation for compulsory primary
schooling for all children of the relevant age group, wherever
primary school
facilities become available at a reachable distance;
(c) Removing gender and rural-urban imbalances;
(d) Qualitative improvement of physical infrastructure, curricula (by making
the courses demand-oriented), textbooks, teacher training
programmes and the
examination system at all levels of education;
(e) Broadening of the resource base for financing education through
increased allocations and encouraging private sector participation
in the
provision of educational facilities at all levels.
Table 20
EFA goals and targets set in current educational policies
and plans
|
|
1992/93
|
National education policy target
|
Social Action Programme 8th Fifth Year Plan
target (1997/98)
|
Jomtien Conference
|
Primary education
|
|
|
|
|
|
Enrolment (million)
|
|
|
|
|
|
|
Total
|
11.5
|
21.85
|
17.98
|
|
|
Boys
|
8.8
|
11.05
|
9.95
|
|
|
Girls
|
|
10.80
|
8.03
|
|
Participation rate (%)
|
|
|
|
|
|
|
Total
|
69.8
|
99.1
|
88.5
|
100
|
|
Boys
|
85.6
|
103
|
96.3
|
100
|
|
Girls
|
53.3
|
95
|
80.3
|
100
|
Literacy
|
|
|
|
|
|
Literacy rate (%)
|
|
|
|
|
|
|
Total
|
35
|
70
|
53
|
67
|
|
Male
|
47
|
|
66
|
74
|
|
Female
|
22
|
|
40
|
61
|
Source: National Education Policy (1992-2000); 8th Five Year Plan
documents; Social Action Programme Report (1994) document; Ministry of
Health and Social Welfare.
The average per year development budget for basic education (primary
education + literacy + teacher education) during the period 1990/91-1994/95
is
PRs 1,940 million. At this rate of allocation the budget for basic education
1995-2000 (five years) was PRs 9,700 million (approximately)
to execute the
programmes of EFA.
- The
main programmes, agreed strategy and plan of action to achieve the EFA goals and
targets as reflected in the National Education
Policy, the Social Action
Programme (SAP) and the 8th Five Year Plan are as
follows:
(a) Primary Education.
Enhancing girls’ primary education in terms of access and quality
through opening 107,000 new primary and mosque schools; adding
one room to
20,000 one-room schools; providing two rooms each to 24,750 shelterless primary
schools; training and recruiting 265,000
school teachers; introducing
coeducational schools with female teachers; and provision of basic
facilities;
Improving the quality of primary education through enhancement of the
non-salary budget, provision of classroom materials and improving
the quality of
text books and teachers;
Fostering collaboration between private-sector NGOs and the Government, and
establishing education foundations.
(b) Literacy. The following seven points relating to
literacy, regarding non-formal education, have been implemented at the
grassroots level since
1996:
The literacy programmes will be implemented through the provincial
governments, NGOs and local organizations;
Literacy programmes will be integrated with skill-based community development
programmes;
The post-literacy phase will be made an integral part of all literacy
programmes;
Greater attention will be focused on the deprived segments of society in
rural areas and urban slums, with special emphasis on the
female population;
The strategy of achieving 100 per cent literacy in selected areas will be
implemented to produce a cumulative effect;
The potential of the electronic and print media will be fully utilized to
motivate the public at large for supporting the literacy
effort and for
delivering literacy programmes;
Appropriate legislation will be enacted by the provincial governments on the
pattern of the Literacy Act 1987 (Annex 38), to provide
incentives for acquiring
literacy.
(c) Secondary education. The accelerated enrolment at
the primary level will increase the demand for secondary education. Secondary
school facilities will
be expanded so as to absorb the increased output of
primary schools. At the secondary level (grades VI-X), the participation rate
for boys will increase from 49.7 to 54.5 per cent and for girls it will increase
from 25.6 to 30.2 per cent. The curriculum of secondary
schools will be
reformed to make it demand oriented. A parallel system of vocational and skill
training in the secondary schools
will be started on an experimental basis.
This will be replicated if found successful. Guilds of selected schools will
also be
used to provide training in vocational skills in an evening shift, on a
demand basis, to drop-outs from the general school system.
The private sector
will be encouraged to establish new quality education institutions. Each
district will have at least one model
school for boys and each division will
have one such institution for girls in the public or, preferably, in the private
sector.
The Government established new Model Schools only in less developed
districts, where such institutions did not exist. The 8th Plan
emphasis will be
on improving the quality of all secondary schools.
11. Monitoring strategies and mechanisms
- An
information system has been established, at both the provincial and national
levels, for the monitoring and evaluation of the quantitative
aspects of primary
and secondary education and Non-formal Education Management. The functions and
responsibilities of this Education
Monitoring Information System (EMIS) are to
collect, compute and analyse the data/statistics on educational indicators and
parameters.
The system is being strengthened and improved with the assistance
of donor agencies. In the provinces of Sindh and NWFP this system
has been
expanded down to the district and subdistrict levels.
- For
the monitoring and evaluation of qualitative aspects of education a National
Education Testing Service is being introduced. Besides,
a composite exam/test
is conducted at district/regional level at the end of grade V and grade VIII.
Furthermore, throughout the
country Boards of Intermediate and Secondary
Education conduct examinations at the end of grades X and XII.
- Development
projects in education, especially in the area of basic and secondary education
have their own mechanism for monitoring
and evaluation either through learning
coordinators or other personnel specifically employed for the purpose.
B. Aims of education (art. 29)
1. Government policy and
educational aims
- The
Government’s policy towards the educational aims of schools is as
follows:
(a) To restructure the existing educational system on
modern lines in accordance with the principles of Islam so as to create a
healthy,
tolerant, forward-looking and enlightened society.
(b) To bring out the creative, critical and dynamic abilities of students
that may enable them:
(i) To develop a balanced outlook about man and nature;
(ii) To increase their lifelong earnings and contribute to the social and
economic development of the country;
(iii) To defend the ideology of Pakistan at the interface of international,
social, political and economic development.
(c) To provide equal
opportunities to the children of the poor and the rich alike in order to promote
national harmony and cohesion.
(d) To ensure 100 per cent participation of children in education at the
primary level by the year 2002, and to eradicate illiteracy
through formal and
non-formal methods.
(e) To pay special attention to the development of female education and
literacy through formal and non-formal systems, particularly
in rural areas.
(f) To redesign and expand technical, vocational and engineering education
facilities in the light of new emerging technologies needed
for industry,
thereby enhancing the employability of the educated youth;
(g) To promote sports, cultural and recreational activities at all levels
for the development of the moral, physical and social abilities
of the
youth;
(h) To create in pupils a capacity for self-learning and self-reliance so
that their learning process continues throughout life;
(i) To obviate ethnic prejudices and superstitions, and discourage
consumerism, fanaticism and sectarianism.
2. Development of the child and curricula
- Curricula
and activities meeting aims of education, such as development of the
child’s personality, talents, interests and mental
abilities, preparation
for responsible life and respect for human rights and fundamental freedoms,
focus on the following areas and
aspects.
(a) Encouragement of
enquiry, creativity and progressive thinking through special emphasis on
relevant content in the science, social
studies and religious knowledge,
curricula, as well as through project oriented education.
(b) New curricula and textbooks in Islamic and Pakistan Studies have been or
are being introduced focusing on and demonstrating practically
the golden values
and principles of tolerance, respect and regard for others, sympathy, kindness,
truthfulness, peace, prosperity
and universal brotherhood. For character
building and balanced personality development, teachers are supposed to act as
role models
for the children so as to effectively inculcate in students the said
values. Concepts dealing with environmental education, health
education and
population welfare are being integrated into the relevant subjects.
(c) All vocational curricula are being revised to relate them to the
employment market. The Science, Maths, Social Studies, English,
Urdu and
Agro-tech curricula are being revised to make them compatible with the demands
of new knowledge and technologies. A strategy
for introducing a wide range of
vocational subjects relevant to job requirements in the employment market and
for self-employment
is being formulated and implemented. A number of teacher
training colleges/institutions are imparting pre-service and in-service
training
to teachers at the primary, middle and secondary levels. To improve teacher
training and ensure teachers’ competency
a number of new strategies and
projects/programmes have been initiated. These strategies include setting up
mobile training units
for on-the-job training of teachers, strengthening and
equipping teacher training institutions with updated knowledge and skills,
updating the teacher training curricula, launching a regular in-service training
programme for teachers at all levels and using the
distance education method for
teacher training.
(d) For computer education, basic concepts and information about computers
are being included in the curriculum. Furthermore, arrangements
are being made
for computer education at all levels through a phased programme, starting with
secondary schools. Computer education
will be a compulsory component of all
teacher training programmes.
- The
Ministry of Education has been approached to include CRC in the curricula. A
number of provisions proposed in CRC, however, are
already included in the
curricula and related activities in one form or another.
C. Leisure, recreation and cultural activities (art.
31)
1. Steps taken to ensure the child’s participation in
cultural
and artistic activities
- Educational
institutions arrange special programmes and competitions at festivals and on
other occasions. Students (boys and girls)
in rural and urban areas are
encouraged to take part in these competitions. Schools also have permanent
societies to promote cultural
and artistic activities. Nationwide competitions
are also arranged to give all students an equal opportunity to participate.
These
include debates, declamation contests, drama and poster painting to
develop awareness on environmental issues, AIDS, women’s education and
adult literacy. Meena Bazars are also arranged in schools and colleges,
as well as exhibitions showing models prepared by children. Other popular
activities
are Naat (praise of the Holy Prophet), Qarat (reciting
the Koran) and Mushaira (poetry recitals). To promote Pakistan’s
cultural and classical arts the contributions of the National Arts Gallery and
Lok Virsa are of immense importance. Young artists are encouraged and
taught in the art galleries. Lok Virsa publishes literature on cultural
heritage. The electronic media (PTV and ETV) also telecast programmes with
focus on our cultural
heritage. In rural areas the focus is on cultural
activities like Urs, harvesting festivals and games like Kabaddi,
cricket, football and volley ball. In rural and urban areas indoor and outdoor
sports activities for boys and girls are arranged
and managed at the
inter-district, interschool/college, inter-boards and inter-city levels
annually.
2. Leisure and recreation
- Various
types of leisure and recreation are provided in all educational institutions,
that is, sports activities, excursion trips
and speech competitions.
3. Number of children benefiting from leisure
activities
- It
is estimated that all schoolgoing children are benefiting from leisure and
recreational facilities. The number of children is
estimated at 15.8 million
for the primary level (stages I to V), including 4.8 million girls, and at
4.02 million for the middle
level (stages VI to VIII), including 1.38 million
girls.
4. The child’s right to rest and play in the school
environment
- Most
schools have a playground, with swings and basic sports facilities. All schools
have a 30-minute rest period after two and a
half or three hours’ study.
In this break students can play, relax and have refreshments.
5. Structure of leisure
- According
to the Local Government Ordinance, 1,979 district and union councils, in
addition to NGOs, were funded to provide the basic
infrastructure for leisure in
their respective communities. This structure included playgrounds, recreational
parks, gymnasiums
and sports
- clubs
for indoor activities. But now, after the abolition of local bodies (district
and union councils), the same facilities are
being provided to some extent
through urban and rural community development projects of the provincial social
welfare departments
by utilizing the services of NGOs. The facilities described
above are provided nationwide and these cover 53.4 per cent of the
total
child population.
6. Community awareness campaigns
- Schools
regularly organize “open days” or “parents’ days”
in which parents are informed about the educational,
leisure and recreational
activities of the school and the participation of their children. National
competitions are organized nationwide
and are advertised in print and by the
electronic media encouraging children to participate and helping parents to
develop awareness.
To introduce the younger generation to our cultural
heritage, Lok Virsa arranges festivals, exhibitions and bazaars every
year.
7. Foreign assistance
- There
is no specific project funded from foreign assistance, for leisure, recreation
and cultural activities. In the development projects presently being
implemented at the
primary, middle and secondary school levels, however,
provision has been made for recreation, sports and cultural activities of
children
so as to make the school environment more
attractive.
8. Targets and future initiatives
- Recreational
facilities. Special programmes for rural youth are recommended for
expanding sports and recreation facilities at the grassroots level. The
Government
envisages the creation of five sports stadiums at the town/village
level and youth hostels in selected places for the recreation
of the youth
population. Associations of NGOs should be considered for mobilization of
community resources for the projects. Five
units of youth hostels will be
constructed at Karachi, Murree, Muzaffarabad, Thandiani and Changla Gali through
grants to NGOs.
- Youth
development. The youth development revolving fund of PRs 5 million,
established during 1990/91 will be continued in future.
- Youth
award. A youth award scheme will be started to promote community
service, physical fitness and adventure, national and cultural awareness
and
constructive leisure time activities. The award scheme will be managed by the
Youth Affairs Division and provincial governments
through NGOs, schools and
colleges.
- Sports.
The expanded packages have been planned for development of sports activities
to enhance the competitive capacity of various national
sports, including
hockey, squash, football and cricket.
VIII. SPECIAL PROTECTION MEASURES
A. Children in situations of emergency
1. Refugee children
(art. 22)
- Pakistan
is a country of asylum for one of the largest number of refugees in the
world although it is not a signatory to the 1951 Convention relating to the
Status of Refugees. The Refugees Rehabilitation
Finance Ordinance, 1959 (Annex
39) deals with the issue. The Government of Pakistan has one of the most
open and generous policies towards refugees and their settlement, and has done
much
more than should be expected of a country with limited resources. The
policy is visible in the treatment of refugees, especially
those from
Afghanistan. The major categories of refugees are those from Afghanistan,
Somalia and Iraq (Kurds). Most of these refugees
came to Pakistan to escape the
ravages of armed conflict in their countries. In addition to this, there are
substantial numbers
of illegal immigrants from Bangladesh and Myanmar. Pakistan
has catered for these refugees mostly from its own resources. UNHCR
and other
humanitarian agencies have especially assisted Pakistan with regard to the
Afghan refugees. International assistance which
was forthcoming in the initial
years of the Afghan refugee crisis has now nearly dried up and Pakistan has been
left on its own to
cater for the refugees from its meagre resources. The
facilities provided for the children of the refugees are in consonance with
the
provisions of the Convention on the Rights of the Child. Refugees from
Afghanistan started coming into Pakistan in 1979, and
their number increased
considerably in 1980. In the period 1984-1987, the influx of refugees
reached a peak figure of 3.2 million.
To support this refugee population,
Pakistan received assistance from UNHCR, WFP, UNICEF
and other donor
agencies. The United States of America, Japan, Germany, France, Italy,
the Netherlands, Saudi Arabia, the United
Arab Emirates and many other
Muslim and Arab countries also provided material aid and cash assistance to
enable Pakistan to bear the burden.
- International
aid declined sharply as soon as the foreign forces withdrew from Afghanistan.
The bulk of the refugees, however, continued
to stay on. At present the
estimated number of Afghan refugees is 1.5 million. Most of the expenditure on
these refugees is now
being borne by Pakistan. To ensure their voluntary
repatriation, focus should be on the creation of economic stability and eventual
prosperity in Afghanistan. Meanwhile Pakistan will continue to carry out its
moral obligation, as the country of asylum, to provide
the Afghan refugees with
assistance and protection and will continue to strictly abide by the principle
of non-refoulement. But
it cannot be expected to carry this huge responsibility
on its own.
Financial assistance and distribution of
refugees
- International
aid, during the peak period, was more than $500 million (in addition to aid in
kind), which kept on decreasing and dropped
to $1-$1.5 million in the last
financial year. Efforts have been made through the Refugee Repatriation
Programme for the return
of these refugees. Out of the registered Afghan
refugees, 846,503 reside in camps located in the NWFP, 352,713 in
Baluchistan and
132,422 in the district of Mianwali in the Punjab.
- International
donors have offered some assistance, such as cash and wheat, for each family
returning to Afghanistan. But families
provided with this assistance sometimes
return to Pakistan. The male members especially return to Pakistan for economic
opportunities.
- The
number of camps of the refugees has dropped considerably and it is estimated
that there are as many Afghans outside the camps
as inside them. These refugees
have mingled with the local population in various parts of the country. Most of
them are working
or are engaged in business. This has created a degree of
understandable resentment among the local people, whose limited number
of jobs
they appear to be taking away.
Refugee children
- The
rate of growth of the Afghan population is very high. The birth rate is
estimated to be 4.5 per cent. The birth of refugee children
is registered at
the camp level and is subsequently consolidated at the level of the Chief
Commissioner for Afghan Refugees. Even
after accounting for infant mortality,
the annual increase in the refugee population is fairly high. For this reason
the proportion
of children in the Afghan refugee population is large: estimates
vary between 18 and 48 per cent. Birth control measures (family
planning) are
rarely adopted by this population.
Health and education
- At
the peak of the refugee assistance programme, the Government of Pakistan and
UNHCR had provided 450 Basic Health Units (BHUs).
Thus, there was one BHU for
every 10,000 persons of the refugee population. Each BHU had a doctor, a
lady health visitor, a dispensary
and usually an ambulance to back up the BHUs.
In the same period, 12 refugee hospitals were provided by United Nations
agencies,
the Saudi Red Crescent, the Kuwaiti Red Crescent, the Pakistan
Red Crescent and ICRC. The hospitals were equipped with the latest
medical
equipment and the services provided were free. The refugees were also provided
with preventive, curative and EPI services.
The EPI programme was more
effective among refugee children as compared to similar programmes for the rural
population of Pakistan.
In addition to this, the supply of potable water and
the maintenance of hygienic conditions were ensured. The work for the provision
of these facilities was undertaken with a great deal of enthusiasm through the
collaboration of international organizations and NGOs.
- With
the passage of time, and decrease in financial assistance, most of the BHUs and
hospitals have been closed down. Donor fatigue
seems to have set in and
assistance is gradually shrinking. Some health cover, especially the EPI
programme, still continues. Due
to a change in the policy of the international
agencies, NGO participation has been considerably reduced.
- Extensive
education programmes were also implemented, but now the burden of these
programmes has been passed on to local NGOs and
the Government from the
international donors and agencies. A number of places are reserved for Afghan
refugee children in the educational
institutions of the NWFP and
Baluchistan.
Future initiatives
- The
number of refugees within and outside camps will be documented and a record will
be maintained for all children by age and
gender.
- A
system will be developed to record and update a database for all foreign
nationals forced to migrate to Pakistan, whether or not
they have been accorded
refugee status.
- The
national census will collect complete data on all immigrants. The information
will be used to complement other mechanisms of
data collection to obtain an
accurate estimate of migrants by nationality, age and gender. The
refugee/immigrant data will be disseminated
annually through the Pakistan
Statistics Year Books, published by the Federal Bureau of Statistics.
- A
government-NGO committee will be constituted with a mandate to evaluate the
Convention and the Protocol relating to the status of
refugees. The committee
will make recommendations on Pakistan signing the Protocol in a report to be
drafted within two years.
- Pakistan
advocates the establishment of an international fund for displaced children for
the welfare of crossborder migrant children
(whether or not declared as
“refugees”). The fund will have an independent management body
comprising countries with
a migrant/refugee influx and international
organizations from both developed and third world countries. The fund will open
membership
to countries and organizations and mobilize its own resources for
disbursement.
Other refugees
- About
1,500 Kurds came to Pakistan during the 1990/91 Gulf war. Some of them have
returned, but about 900 still remain in the country.
They are unwilling to
return to Iraq. Most of them wish to be rehabilitated in some other country.
- There
were 110 Bosnian children living in Pakistan at the peak of the Bosnian war.
They have been repatriated. There are a number
of refugees from Somalia in
Pakistan. Their exact numbers are not available, but many of them are living in
major cities of Pakistan.
2. Children in armed conflicts (art. 38), including physical
and
psychological recovery and social reintegration (art. 39)
- The
Pakistan National Service Ordinance 1970 deals with the introduction of
compulsory national service and also prescribes that the
age of enlistment in
the armed forces is 18 years. It is possible, however, for training to
begin a few years prior to regular service,
but the age for this is 16 or above.
In general the eligibility rules for the defence forces provide that the
officers and jawans
(soldiers) recruited are between the ages of 17 and 23 (with
at least a year’s training and education before participation
in active
service), while those in the technical services (e.g. signals and nursing)
are recruited between the ages of 16 and 23.
In this case, the minimum age is
lower because the signals and nursing branches are specialized services that
require at least four
years of training and education before participation in
active military service. There is no conscription in Pakistan and no one
is
forced to join the armed forces against his or her will. Only persons over the
age of 18 years can take part in hostilities.
B. Children in conflict with the law
1. Administration of
juvenile justice (art. 40)
Legal and judicial measures
- The
protection and treatment of children in conflict with the law falls within the
competence of both the federal and the provincial
legislatures. This subject is
covered by the concurrent legislative list and includes criminal law, criminal
procedure, infants,
minors and preventive detention. Prisons and related
matters are not mentioned either in the federal legislative list or in the
concurrent list. The subject, therefore, falls within the exclusive
jurisdiction of the provinces.
- Laws
relating to penal offences, punishments and criminal procedure generally, as
well as specific provisions for children, including
establishment of reform
schools, have been legislated by the federal legislature. The provinces have
the power to make laws in these
areas, but no law contradicting the provisions
of the federal law may be passed. The Constitution provides that where there is
a conflict between federal and provincial laws on matters listed in the
concurrent legislative list,
the provisions of the federal law shall prevail
(art. 143).
- Till
the year 2000, no national legislation was uniformly applicable to children in
conflict with the law. Children, like adults,
were subject to the Pakistan
Penal Code and the Criminal Procedure Code, which were applicable in the
provinces, but not in parts
of Pakistan known as the Federally Administered
Tribal Areas (FATA) of the Frontier Province and the Provincially Administered
Tribal
Areas (PATA) of Baluchistan and Frontier Provinces.
- Now,
with the promulgation of Juvenile Justice Ordinance 2000, such anomalies have
been removed. This ordinance is a federal law
and therefore overrides all the
provincial laws.
- The
Sindh Children’s Act 1955 (Annex 7, Appendix XIII) is in force in the
province of Sindh. The law makes special provisions
for the treatment and trial
of children in conflict with the law.
- The
Province of Punjab legislated in 1952 to establish a separate system for
treatment of children in conflict with the law (Punjab
Youthful Offenders Act
1952). The operation of this law was made subject to notification by the
provincial government. It never
came into operation as notification was never
made. In 1983, an ordinance improving the 1952 law was promulgated (The Punjab
Youthful
Offenders Ordinance 1983 (Annex 7, Appendix XXI)). This law was
brought into operation in 1994.
- The
Constitution of Pakistan lays down the following principles and provides the
legal machinery for their enforcement:
Penal sanctions shall not be
applied without prior legislation, and penal laws shall not be applied
retrospectively (art. 12);
No person can be prosecuted for the same offence more than once, and no one
shall be compelled to give self-incriminating evidence
(art. 13);
The dignity of man is inviolable, and no person shall be subjected to torture
for the purpose of extracting evidence (art. 14).
- While
no particular provision of the Constitution or the law specifically states the
presumption of innocence, the penal system has an inherent recognition of this
principle and the
proof of guilt is to be without any reasonable
doubt.
Provisions of law nationally applicable
- Age
of criminal responsibility. The Government of Pakistan has recently
promulgated Juvenile Justice System Ordinance, 2000, wherein the age of a child
has been
raised to 18 years. Being a federal law, it will override the
provincial laws and thus the age of criminal responsibility of juvenile
delinquents will be harmonized with the provisions set forth in the Outlines.
Earlier, the Pakistan Penal Code laid down the age
of criminal responsibility
as 7 years, with an added provision that a child between the age of 7
and 12 “who has not attained
sufficient maturity of understanding to judge
the nature and consequences of his conduct on that occasion” shall not be
held
criminally responsible. This determination, however, rested upon the
court.
- Bail.
Under the Juvenile Justice System Ordinance, 2000, a child under the
age of 18 years who, for the commission of an offence, has
been
detained, shall be released on bail:
(a) If, being accused of
an offence punishable with death, has been detained for such an offence for a
continuous period exceeding
one year and whose trial for such an offence has not
concluded;
(b) If, being accused of any offence punishable for imprisonment for life
has been detained for such an offence for a continuous
period exceeding six
months and whose trial for such offence has not concluded; or
(c) Or who, being accused of any offence not punishable with death, or
imprisonment for life, has been detained for such an offence
for a continuous
period exceeding four months and whose trial for such an offence has not
concluded.
- Children
under the age of 16 are granted a concession in the Criminal Procedure Code with
respect to release on bail at the pre-trial
stage for offences punishable with
death or imprisonment for life or imprisonment for 10 years. The superior
courts have also held
that this provision entitles children below the age of 16
to grant of bail as a right.
- Trial.
The Juvenile Justice System Ordinance, 2000 provides that where a child
accused of a non-bailable offence is arrested, he shall,
without any delay
and in no case later than 24 hours from such arrest, be produced
before the juvenile court. A child accused of
a bailable offence shall be
released by the juvenile court on bail, with or without surety.
- Reformatory
Schools Act, 1897. This is a federal law, but is not operative in any part
of Pakistan. The applicability of the law is expressly barred by the Sindh
Children’s Act 1955 (Annex 7, Appendix XIII) in areas where the latter is
in force. The law authorizes, but does not require,
the establishment of
reformatories for boys under the age of 15 who have been sentenced to
imprisonment. The Act empowers courts
convicting the child to make orders for
his placement in a reformatory school. The superintendent of a prison where a
convicted
child is confined may also present the case of such a child before the
district magistrate for orders to send the child to a reformatory
school.
Placement in the reformatory school can be for not less than three and not more
than seven years. No child can remain in
a reformatory school after he has
attained the age of 18 years. The Act does not provide for the placement of
girls and applies
to girl children only to the extent of the alternatives to
imprisonment.
- Prison
rules. While legislation relating to prisons is within the exclusive
jurisdiction of provinces, prison rules in all the four provinces
are
substantially the same.
(a) Rules classify prisoners in two main
categories: under trial and convicted prisoners. The same classification
applies to female
prisoners.
(b) Rules for the separation of prisoners provide for the segregation of
juveniles from all other prisoners.
(c) It is mandatory to separate under-trial prisoners from convicted
prisoners.
(d) Children sentenced to imprisonment for three months or over are to be
sent to borstal institutions and juvenile reformatories.
(e) Juvenile female convicted prisoners are to be confined in the
Women’s Prison.
(f) Juvenile prisoners are designated as inmates.
(g) Undertrial and convicted juveniles who are not sent to a borstal
institution are confined in a separate ward of adult facility
prisons. Where
such a separate ward is not available, juveniles are to be confined in a cell by
night.
(h) Features of the treatment of juveniles prescribed in the rules include
sustained work, as well as self-discipline through physical,
mental and moral
training.
(i) The aim of prison treatment, according to the rules, is to give young
offenders, whose minds and characters are still pliable,
such training as is
likely to create in them a high standard of social behaviour. The explanation
to this rule considers the shortness
of sentence as operating against any
manifest result, but states that experience has shown that with young prisoners
of this age
much can be effected by close personal interest and oversight of
minor breaches by the prison authorities. Personal interest will
be found far
more effective than a rigid insistence on prison routine.
(j) In all cases, young prisoners are to be employed in association for as
long as possible during the day, and arrangements are
to be made for such
evening occupation, industrial or educational, as will avoid early isolation in
their cells. They are to be
kept separate from adults. On no account is an
opportunity to be provided for conversation or communication with adults, and
the
juveniles are to be kept out of sight of adults as far as possible.
(k) Inmates are to be encouraged to pick up industries of their choice,
compatible with their profession, taste or other circumstances,
if these are
taught in the institution. If they show no special inclination or attitude, the
superintendent may decide the skill
to be taught and which they may follow, for
an honest livelihood, after release.
(l) Every inmate sentenced to imprisonment for a year or more is to be
instructed in reading, writing and arithmetic for two hours
each day. The
standard of education is to be up to matriculation (10 years’ education),
as laid down for schools by the Education
Department. The superintendent is
authorized to raise the standard and to increase the number of subjects taught,
in the case of
promising boys. Every Muslim boy is to be taught the Nimaz with
its meaning, along with the Koran. A well stocked library is to
be provided in
the borstal institution and reformatory centre.
(m) Facilities for physical drill, gymnastics, indoor and outdoor games and
swimming are to be provided for all inmates. Instructions
in first aid and
sanitation are to be regularly imparted. A spacious playground is to be
provided in the jails.
(n) Cots are to be provided to all inmates confined in the borstal
institution and reformatory centre.
(o) Provision is made for electric light, electric fans, toilets and
bathrooms for inmates. Dining halls for eating are also to
be provided.
(p) When a juvenile prisoner is due for release and requires assistance to
settle in life, the superintendent is to send intimation
to the secretary of the
district committee of the Prisoners’ Welfare Society of the district of
his residence at least one
month before the date of release.
(q) Women prisoners are to be allowed to keep their children with them in
prison till they attain the age of 3 years. On a child
becoming disqualified
for further retention or when a woman prisoner dies and leaves a child, the
superintendent shall inform the
district magistrate of the place where the
prisoner resided, and the latter is to arrange for the proper care of the child.
Should
the relatives or friends be unable or unwilling to support the child, the
district magistrate is to arrange for removal of the child
to healthy nursery
surroundings, through societies managing such institutes. The child is to be
returned to the mother on release,
provided she is ready and capable of
care.
(r) Children in prison with their mothers are to be provided with such
clothing as the superintendent may prescribe in writing.
(s) The scale of diet for children is prescribed in the rules.
Provisions in provincial laws
- Sindh
Children’s Act, 1955. The Act applies in the province of Sindh only
to children in difficult circumstances who are below the age of 16, with
specific
provisions for children in conflict with the law. It authorizes the
establishment of juvenile courts. Where such courts are
- not
established, the law provides for powers to be expressly conferred on existing
courts with exclusive jurisdiction to deal with
children under this Act. No
child can be tried jointly with an adult.
- A
child charged with the commission of a non-bailable offence may be released by
the arresting officer, if sufficient surety is available.
Where a child is not
so released he/she may be detained by the police till production before the
court. The law does not prescribe
the place or manner of postremand or
pre-trial detention. The law prohibits sentences of death, transportation or
imprisonment.
Children found to have committed an offence may be sent to a
certified school till they attain the age of 18, if they are below
15 years of
age. In the case of children above the age of 15, the minimum period of their
placement is two years. The court is
authorized to order shorter periods of
detention in special circumstances.
- Alternatives
to placement and detention provided by the law are discharge after admonition,
release on probation of good conduct and
committal to the care of parents or
guardian, and a fine, which is payable by the child if he/she is above the age
of 14. Any order
in respect of a child dealt with under the Act is required to
be made with due regard to his/her age, socioeconomic background, reports
made
by a probation officer and such other considerations as are in the interest of
the child. The law also confers powers on the
court to regulate the presence of
persons in the court during proceedings with respect to a child. The court may
order any person
to be present or to withdraw from the court during such
proceedings. The court may also dispense with the presence of the child
during
the proceedings and proceed with the case in the absence of the child. Where a
child is appearing as a witness in any proceedings,
the court may allow or order
withdrawal from court of persons as it deems appropriate. The attendance of a
parent or guardian during
proceedings with respect to a child is required and
can be enforced by the court. Legal practitioners are not entitled to appear,
unless the court is of the opinion that such an appearance is in the public
interest. The privacy of the child is protected by prohibition
of publishing
any report through which a child may be identified, unless the court deems
publishing of such a report in the interest
of the child.
- Sindh
Borstal Schools Act, 1955. The Act is applicable to the whole of Sindh but
would come into operation on such date as the provincial government may appoint
by notification in the official gazette. It authorizes, but does not require,
the establishment of borstal schools for the detention
of children above the age
of 16. Borstal schools are made a part of the penal system by the application
of the Prisons Act, 1894
and the Prisoners Act 1900 (Annex 40).
- Punjab
Youthful Offenders Ordinance, 1983. The Ordinance was enforced in 1994.
The provisions of the Ordinance apply to children below the age of 15. It
provides for the
establishment of separate juvenile courts to deal with children
in conflict with the law and bars the joint trial of children with
adults.
- Children
charged with the commission of non-bailable offences can be arrested, but the
arresting officer has the power to release
the child on bail on sufficient
surety. The court taking cognizance of the case may order pre-trial custody.
The provision of information
to and the attendance of parents at proceedings
with respect to a child are mandatory. No proceedings may be initiated against
a
child under laws regarding security for keeping the peace provided for in the
Criminal Procedure Code. Children cannot be sentenced
to death, transportation
or any imprisonment. A child who is found to have committed an offence may be
placed in a certified school,
established under the Ordinance till he/she
reaches the age of 18. Shorter periods of placement can only be ordered in
special circumstances.
Alternatives to placement provided by the Ordinance
include discharge after admonition, release on probation of good conduct for
a
period of not more than three years, or punishment of a fine payable by the
parent or guardian of the child. The law provides
for a periodical review of
orders as to probation, but there is no specific provision for periodical review
of placement. Use of
the expressions “conviction” and
“sentence” is barred. The privacy of the child is protected by
prohibition
against publishing of reports with regard to the case of a child
through which identification of the child is possible. Disqualifications
attached to conviction for an offence are not applicable to children.
- Punjab
Borstal Act, 1926. The Act extends to the whole of Punjab and applies to
male persons below the age of 21 who are sentenced to rigorous imprisonment.
The Act may be made applicable to females by direction of the Government. The
provincial government is empowered to establish one
or more borstal
institutions, and the courts to order detention of eligible persons in such
institutions. Provisions are made for
management of the institution,
enforcement of discipline and regulation of custodial treatment. The officers
in charge of the institution
are authorized to punish offences against
discipline. Corporal punishment is allowed to be inflicted on the inmates,
except where
the inmate is a female (Annex 41).
Training of law enforcement, judicial and prison
officials
- Prison
staff training institutes have been set up by the Federal Government. The
Prison Staff Training Institute in Lahore has recently
made efforts to bring
awareness of the Convention as well as relevant human rights standards to prison
officials. The NCCWD has
recently developed a manual for training of
police, prison officers and judiciary. The relevant ministries/departments were
requested
to review the manual and furnish their comments. After receipt of
comments from all these quarters, the manual has been completed.
During July
1999, the NCCWD formally started training programmes for police, prison and
judicial officials when it organized a training
workshop for 52 judicial
officials at the Federal Judicial Academy. Collaboration with relevant
ministries and academies such as
the National Police Academy, Sihala, the
Federal Judicial Academy, Islamabad, and the Pakistan Prison Academy, Lahore, is
being strengthened.
The ministries of Interior and Law, Justice and
Parliamentary Affairs and the Pakistan Law Commission have also been asked to
suggest
training plans and nominate suitable officers for training. The NCCWD
has now planned to organize a training workshop for preparing
master trainers in
November for onward training of these officers. A workshop for jurists was also
organized at Islamabad, in collaboration
with UNICEF and the Federal Judicial
Academy, and was attended by district and sessions judges from all over
Pakistan. Papers were
presented on monitoring the rights of the child,
developing consensus on various legislative matters pertaining to child
protection,
juvenile administration, the situation of working children and the
definition of the child.
Strategies and actions for the implementation of
CRC
- Recognizing
the urgent need for reform in legislation, building of suitable infrastructure
and training of officials and service providers,
the Government of Pakistan has
placed juvenile justice among the six priority areas for legislative
action.
- The
Government has promulgated the Juvenile Justice System Ordinance, 2000 for a
separate system of juvenile justice applicable at
the national level.
- In
response to the continuing concern over the lack of a system of information on
children in conflict with the law and deprived of
liberty, work is progressing
on devising a method of collection and documentation of relevant data. Recently
the Punjab Prison Department
and AGHS Child Rights Cell, a leading NGO on
children’s rights, have established a documentation and monitoring cell in
the
Prison Department where information on all children in the Punjab is being
collected for analysis and appropriate legislative, policy
and judicial action.
The same programme is expected to be replicated in the other provinces.
- Training
of judges on CRC has begun and will continue with the involvement of provincial
high courts, as well as the federal and provincial
judicial academies.
2. Children deprived of their liberty, including any form of
detention,
imprisonment or placement in custodial settings (art. 37 (b) (c)
(d))
- There
is a growing recognition of international instruments like the Convention on the
Rights of the Child (CRC) the “Beijing
Rules” and the “Riyadh
Guidelines”. The instruments have been included in the training material
recently developed
for the judiciary, the police and prison officers.
Children detained in jails
- According
to the statistics received from various jails up to July 1996, there
were 554 male children between the ages of 16 and 18
undergoing trial
and detained in the Karachi jail. The number of female children under 18
undergoing trial and detained in this
jail was 11. The number of children
undergoing sentences and detained in this jail was 12. Their ages range from 14
to 18 years.
(For details of children detained in jails in the province of
Punjab see Annex 42.)
Trial procedures
- Evidence
of child witnesses is accepted in criminal and civil proceedings. No specific
age is prescribed at which testimony of a
child is admissible in evidence,
however, reliability of such evidence is determined by the test of the
maturity of the child’s
mind. Sindh Children’s Act, 1955 (Annex 7,
Appendix XIII) makes provision for the protection of the child witness by
empowering
the court to order the removal from court of persons not directly
concerned with the proceedings. No comparable provision exists
in the general
laws in force applicable to children other than those subject to the Sindh
Children’s Act, 1955 (Annex 7, Appendix
XIII).
- In
an inquiry into the commission of an offence by a child, he is protected by the
Constitution from being forced to make a self-incriminating statement. Under
the Criminal Procedure Code, the trial court has the power to put
such questions
to an accused person as it deems appropriate to clarify any point arising from
evidence of the prosecution. The accused
is not required to take oath and has
the right to refuse to answer such questions. The court,
- however,
can make an adverse inference from such refusal. The Qanoon-e-Shahadat Order
1984 does make a mandatory provision for the
statement of an accused under oath,
denying the prosecution evidence and stating his defence. A similar provision
exists in the
Criminal Procedure Code. The Supreme Court has interpreted the
provision as having no compulsory effect on the accused and on his
failure he
cannot be sent to prison and no adverse inference can be drawn against him. The
same provisions apply to children with
respect to whom an inquiry is proceeding
for the commission of an offence.
- This
secures the right of the accused not to be burdened with the proof of innocence.
There is a presumption of innocence in favour
of all accused persons unless
proved guilty. In all criminal cases, the burden of proof is on the
prosecution, which must prove
its case beyond any doubt to secure a conviction.
In the absence of such evidence the benefit of doubt goes to the
accused.
Detention of children in custodial settings
- In
the province of Punjab all children found to have committed an offence are
detained in the Borstal Jail, Bahawalpur. In Sindh
such children were confined
in Landhi Juvenile Jail, Karachi, which has recently been designated as a
certified school under the
Sindh Children’s Act 1955 (Annex 7,
Appendix XIII). Children are detained in juvenile wards of adult prisons both
before and
after sentencing in the other two provinces.
3. The sentencing of juveniles, in particular the prohibition
of
capital punishment and life imprisonment (art. 37 (a))
- Prohibition
against sentencing of children to death and life imprisonment under the
Sindh Children’s Act 1955 (Annex 7, Appendix
XIII) has been
implemented. In the rest of the country, provisions of the general law are
applicable. Sentences prescribed in the
Penal Code are the maximum, leaving
scope for the exercise of discretion by the court in passing lesser sentences on
consideration
of age.
- The
Juvenile Justice System Ordinance, 2000 (Annex 6) has been promulgated. The
Act seeks to provide rehabilitation of juvenile delinquents
and to ban the
death sentence and whipping for children below the age of 18 years. This
Ordinance has also raised the age of a child
to 18 years, imposed a ban on
handcuffing, putting in fetters or giving corporal punishment to a child at any
time while in custody.
This Ordinance has also provided that no child under the
age of 15 years shall be arrested under any of the laws dealing with
preventive
detention or under the provisions of chapter VII of the Code. This
is a federal law and thus it overrides the provincial laws.
4. Physical and psychological recovery and social
reintegration (art. 39)
- Provision
is made in the prison rules for appropriate measures to promote the physical and
psychological welfare of child prisoners.
There is room for improvement in the
implementation of these provisions. The full benefit of these provisions in
achieving rehabilitation
of children has yet to be realized. Arrangements for
the education of convicted child prisoners are available in most prisons.
Regarding review of detention, the provincial
- governments
can use the powers available to them under the law for remission of sentences
and release on probation of good conduct
pending more comprehensive legislation.
This requires some streamlining to avoid some children from remaining in a
non-conducive
environment for periods longer than is necessary.
- It
is expected that appropriate legislative and policy measures will emerge from
the efforts of the NCCWD, which has undertaken the
examination of laws and rules
relevant to children in conflict with the law. Additional institutional
measures may also be implemented
in collaboration with NGOs for the
rehabilitative care of child prisoners.
C. Children in situations of exploitation, including physical
and
psychological recovery and social reintegration (art. 39)
1. Economic
exploitation, including child labour (art. 32)
Rights of the child and labour laws
- Economic
exploitation in terms of the provisions of the CRC, the labour laws of Pakistan
and the International Programme on the Elimination
of Child Labour (IPEC)
Memorandum of Understanding signed by ILO and Pakistan means work performed by
underage children, work of
a hazardous or exploitative nature that is likely to
interfere with the child’s education or is harmful to his or her health,
his or her mental, spiritual, moral and social development. It covers children
between the ages of 5 and 14, for whom working is
unlawful, and those above 14,
for whom it is permitted.
- The
Government has announced the National Policy and Action Plan to Combat Child
Labour which was approved by the Federal Cabinet
on 10 May 2000. It is the
first formal policy of the Government that emanates from political will and
commitment and lays down strategies
and action plans, aiming to achieve the
ultimate goal of releasing toiling children from the bonds of work strains. The
Plan provides
a comprehensive programme for the rehabilitation of working
children through education and the learning process in schools. The
policy thus
pledges investment in children as most valuable human resources for
development.
- To
materialize the Plan, the Government has recently established a fund for the
education of working children with an initial amount
of PRs 100 million. The
federal and the provincial governments will contribute a fixed amount to the
fund on a yearly basis. Other
sources will include contributions and donations
from private and public sector organizations and international agencies. An
obligation
also rests with the Government to take measures for the
sustainability of the activities and programmes being carried out under the
ILO-IPEC. The creation of the fund along with the National Plan of Action and
Policy will enable the Government to discharge this
additional
responsibility.
- The
labour laws currently enforced in Pakistan provide protection against child
labour exploitation and hazardous forms of work.
The exploitation of children
of permissible age
- working
long hours and during the night is forbidden under these laws. For example,
section 7 of the Employment of Children Act,
1991 (Annex 7, Appendix XVI) lays
down the following restrictions to regulate their employment:
No
child or adolescent shall be required or permitted to work in any establishment
in excess of such number of hours as may be prescribed
for such establishment or
class of establishment.
The period of work on each day shall be so fixed that no period shall exceed
three hours and that no child shall work for more than
three hours before he has
an interval of at least one hour for rest.
The period of work of a child shall be so arranged that, inclusive of the
interval for rest, it shall not exceed seven hours, including
the time spent in
waiting for work on any day.
No child shall be permitted or required to work between 7 p.m. and 8 a.m.
No child shall be required or permitted to work overtime.
No child shall be required or permitted to work in any establishment on any
day on which he has already been working in another establishment.
- The
creation of the fund along with the National Plan of Action and Policy will
enable the Government to discharge this additional
responsibility.
- The
Federal Government has framed the rules under the Employment of Children
Act, 1991 (Annex 7, Appendix XVI), which are called the
Employment of
Children Rules 1995. Processes and occupations of a hazardous nature in which
the employment of children
below 14 years of age is prohibited under
the Employment of Children Act, 1991 (Annex 7, Appendix XVI) are listed
below:
Processes. Bidi-making, carpet-weaving; cement
manufacture, including bagging of cement; cloth-printing, dyeing and weaving;
manufacture of
matches, explosives and fireworks; mica-cutting and splitting;
shellac manufacture; soap manufacture; tanning, wool-cleaning; building
and
construction industry; manufacture of slate pencils (including packing);
manufacture of products from agate; manufacturing process
using toxic metals and
substances such as lead, mercury, manganese, chromium, cadmium, benzene,
pesticides and asbestos.
Occupations. Any occupation connected with transport of passengers,
goods or mail by railway; cinder picking, cleaning of an ash pit, or building
operation in the railway premises; work in a catering establishment at a railway
station involving the movement of a vendor or any
other employee of the
establishment from one platform to another, or into or out of a moving train;
work related to the construction
of a railway station, or any work done in close
proximity to or between the railway lines; a port authority within the limits of
any port; work related to selling of crackers and fireworks in shops with
temporary licences.
- The
Factories Act, 1934 (Annex 7, Appendix XXIII) and the West Pakistan Shops and
Establishments Ordinance, 1969 (Annex 15) also impose
conditions for the
regulation of working hours of “adolescents” and “young
persons”. The relevant provisions
of these laws are reproduced
below.
(a) The West Pakistan Shops and Establishments Ordinance,
1969:
(i) Section 20 of the West Pakistan Shops and Establishments Ordinance, 1969,
which applies within a municipal limit, forbids requiring
or allowing a child to
work in any establishment.
(ii) No young person (14-18 years) shall be employed in any establishment
otherwise than between 9 a.m. and 7 p.m.
(iii) No young person shall be required or permitted to work in any
establishment in excess of 7 hours a day and 42 hours a
week.
(b) The Factories Act, 1934:
(i) Section 50 forbids allowing a child to work in any factory.
(ii) No adolescent (who has completed his 14th year but has not completed his
18th year of age) shall be allowed to work in any factory
unless:
Certificate of fitness granted to him by the Certifying
Surgeon
is in the custody of the manager of the factory; and
He carries while he is at work a token giving a reference to
such
certificate.
(iii) No child shall be allowed to work for more than five hours in any factory.
The hours of work of such a child shall be so arranged
that they shall not
spread over more than 7½ hours in any day.
(iv) No child or adolescent shall be allowed to work in a factory except between
6 a.m. and 7 p.m.
For details see Annex 7, Appendix
XXIII.
- The
Children (Pledging of Labour) Act, 1933 (Annex 7, Appendix XIV) provides
protection to children against economic exploitation.
According to this law
every agreement that is designed to pledge the labour of children in any
employment in return for any payment
or benefit is void.
- While
any form of child labour is abominable, the target areas in the first instance
under the Memorandum of Understanding signed
by Pakistan and ILO for the
progressive elimination of child labour are as follows:
(a) Child
workforce engaged in hazardous occupations;
(b) Most exploitative forms of child labour and children in bondage; and
(c) Working children below the age of 12 years.
- After
ratification of the CRC, the Government of Pakistan enacted two laws: the
Employment of Children Act, 1991 (Annex 7, Appendix
XVI) and the Bonded Labour
System (Abolition) Act, 1992 (Annex 17). They provide the following
penalties:
The employment of children in contravention of the
Employment of Children Act, 1991 (Annex 7, Appendix XVI) is punishable with
imprisonment
of up to one year or with a fine which may extend to PRs 20,000 or
with both.
The punishment for extracting of bonded labour under the Bonded Labour System
(Abolition) Act, 1992 (Annex 17) is imprisonment for
a term which shall not be
less than two years or more than five years or with a fine which shall be less
than 50,000 rupees or with
both; and out of the fine, if recovered, payment
shall be made to the bonded labourer at the rate of not less than 50 rupees for
each day for which bonded labour was extracted from him.
ILO-assisted National Labour Survey, 1996/97
- The
survey estimated that there were 40 million children in the country and out of
these 8.3 per cent (3.3 million children between
the ages of 5 and 14) were
economically active practically on a full-time basis. The survey does not
concern itself with children
between the ages of 14 and 18, because the law
fixes the age for employment at 14 years.
- Children
included in the survey are economically active predominantly in the rural areas.
In both rural and urban areas, the majority
of children who work are boys. Of
the 3.3 million children economically active, 73 per cent (2.4 million) are boys
and 27 per cent
(0.9 million) are girls. Seventy-one per cent of all working
children are employed in elementary (unskilled) occupations related
to
agriculture, sales and services, mining, construction, manufacturing and
transport. Nineteen per cent work in craft and related
activities. A great
majority of the girls (80 per cent) and boys (68 per cent) work on farms or in
sales and services. Craft and
related trade work absorbs the second largest
portion of both female and male workers (19 per cent).
- The
reasons given by parents as to why their children work are: assisting household
enterprises (54 per cent of parents), supplementing
household income (27 per
cent), and the only source for household chores (14 per cent).
- The
survey provides the most comprehensive baseline information on the magnitude and
nature of child labour in Pakistan. This survey
is likely to be followed by
establishment and workplace surveys in specific industries.
Measures to eliminate child labour
- In
addition to the CRC, Pakistan is politically committed to honour international
instruments such as the ILO conventions regarding
children and forced labour
(Nos. 6, 15, 16, 29, 59, 90 and 105) and to pursue the principles laid down
in the ILO Minimum Age Convention (No. 138).
- Pakistan
has actively participated in conferences such as the 1995 Copenhagen World
Summit on Social Development, the 1996 Beijing
World Conference on Women, and
the Ninth SAARC Summit, held in Malé in 1997. Decisions taken in these
conferences have forwardlooking
effects in streamlining activities for the
provision of rights to children and strengthening the social action network.
Under the
Malé Declaration of the Ninth SAARC Summit, Pakistan has made a
commitment to abolish child labour by the year 2010.
Measures taken by the Government
- The
enforcement machinery has been activated to take prompt action against violators
of the law. The laws about child labour in place
are being implemented by
the provincial governments through their inspection machinery, i.e. labour
directorates and labour inspectors.
So far, around 23,663 inspections have been
carried out by this machinery, which have resulted in 10,632 prosecutions and
2,129
convictions.
- The
issue of child labour has been given due consideration, for the first time, in
the planning of targets of the Ninth Five Year
Plan (1998-2003). A considerable
amount has been proposed to be earmarked to initiate several projects for the
elimination of child
labour at both the federal and provincial levels.
- The
establishment of the National Information Exchange Forum is being envisaged in
the Ministry of Labour, Manpower and Overseas Pakistanis.
This forum will come
into contact with all NGOs and other agencies involved in the task of
eliminating child labour and collect
information and exchange with them
information regarding the efforts of the Government in this regard. A
newsletter is also being
proposed to be published to highlight the efforts and
concern of the Government and other agencies on the subject. Thus, information
about our efforts and the results achieved in the field of child labour would be
properly disseminated.
- The
Government has constituted a Workers Welfare Fund (WWF) to provide residential
accommodation and other welfare measures for workers
and their families. It has
been decided to establish 100 higher secondary schools at various labour
concentration areas throughout
the country. These schools will provide free
education to the children of workers.
- Pakistan
Bait ul Mal. The NCCWD has initiated a national pilot project for
the rehabilitation of children involved in labour. The project is aimed at
the
withdrawal of children from hazardous employment, the rehabilitation of children
through formal education and the development
of linkages between community
health services and recreational packages. Further, it includes a financial
package for the child
and family as a compensation for the parents and
encouragement for the parents to send their children to school instead of into
the
workplace. So far, 30 centres have been established; 9 are under process in
areas where child labour is concentrated. There is
a recurring expenditure of
PRs 2.107 million for each centre (PRs 63.210 million for the 30
centres). The enrolment for each centre
is 60. At present total enrolment is
1,800.
- Open
Tech Scheme. Allama Iqbal Open University has started the Open Tech Scheme,
under which auto mechanic courses are being offered. It is envisaged
that the
Open Tech Scheme will also provide technical education to children working in
the fields of manufacturing of footballs,
leather goods and surgical instruments
to withdraw from child labour. The number of Open Tech centres and their
enrolment is as
below:
Location
|
Enrolment
|
No. of centres
|
Federal areas (Islamabad, AJK and Rawalpindi)
|
197
|
31
|
Punjab
|
1 246
|
167
|
NWFP
|
320
|
22
|
Sindh
|
61
|
11
|
Baluchistan
|
67
|
4
|
- Elimination
of child labour in the soccer ball stitching industry. In February 1997, an
Agreement was signed in Atlanta, Georgia, United States of America, between ILO,
UNICEF and the Sialkot Chamber
of Commerce and Industry (SCCI) to attain the
goal of eliminating child labour in the soccer ball stitching industry in
Sialkot by
the year 2000. The total cost of the project was about US$ 1.5
million in a joint partnership between the Sialkot Chamber of Commerce,
ILO and
UNICEF, with the cooperation of Save the Children (UK), Pakistan
Bait ul Mal and the Bunyad Literacy Community Council.
The ILO-IPEC funds, amounting to over US$ 755,700, were provided by the United
States Department of
Labor. Pakistan Bait ul Mal has committed
an additional amount of about US$ 195,000 (PRs 7,780,500) towards the ILO social
protection and rehabilitation programme
of the project. The UNICEF contribution
stands at US$ 200,000 and SCCI is contributing US$ 250,000 towards the
project’s prevention
and rehabilitation component. Save the Children (UK)
has a commitment of about US$ 400,000 from the British Department for
International
Development’s bilateral programme funds. The Soccer
Industries Council of America (SICA) has provided US$ 100,000 towards
the
project, which is still being implemented to achieve its ultimate target.
- As
a token of the commitment of Pakistani workers to the cause of eliminating child
labour in Pakistan, the All Pakistan Federation
of Trade Unions (APFTU) has
announced a token contribution of US$ 1,000 to the Sialkot project.
- Child/bonded
labour project. An ILO-IPEC project funded by the European Commission (EC)
and the Government of Pakistan has been designed to combat abusive child
labour
through prevention, withdrawal and rehabilitation. Programme components include
a focus on direct action with target groups,
i.e. children, parents, employers
and communities, as well as institutional development of key governmental and
non-governmental
agencies and organizations dealing with labour and child
rights. The EC will contribute over US$ 1.2 million and the Government
of
Pakistan will contribute more than US$ 650,000 to this project through Pakistan
Bait ul Mal. The ILO contribution will be US$ 200,000. UNICEF has made
a commitment to provide furniture and reading/writing material for this
project.
The project was formally launched in 1998.
- Surgical
instruments project. The National Steering Committee on the Elimination of
Child Labour constituted under the Ministry of Labour, Manpower and Overseas
Pakistanis, requested donors and NGOs to launch more programmes for
rehabilitation of working children. ILO-IPEC has coordinated
the initiative of
launching a programme to eliminate hazardous and exploitative child labour in
surgical instruments manufacturing
in Sialkot through prevention, withdrawal and
rehabilitation. The IPEC programme has committed US$ 300,000 at the initiative
of
Italian Social Partners of ILO and UNICEF for the Elimination of Child Labour
in Bangladesh, Nepal and Pakistan. The programme aims
to involve
employers’ and workers’ organizations.
- NGOs’
statement on elimination of child labour. The NCCWD and ILO-IPEC programmes
have jointly worked on a project of “Development of NGOs’ statement
on policy and
plan of action to eliminate child labour and protection of working
children” to complement the Government’s policy.
Workshops were
organized at divisional, provincial and national levels, wherein about 600
concerned NGOs participated. Consequently,
a National Policy and Action Plan to
combat child labour has been announced by the Government.
- Child
Care Foundation. A national NGO, Child Care Foundation (CCF), has been
established. An agreement has been signed with UNICEF and ILO for financing
the
CCF. The CCF aims at establishing and maintaining an indigenous monitoring
system for the progressive elimination, rehabilitation
and prevention of child
labour in the production of exportable goods and services, ensuring
that all actions are in the best interest
of the child. The CCF will
improve conditions of child labour and will work for the withdrawal of child
labour from hazardous occupations
and the elimination of all forms of child
labour by the year 2010. The main feature of the monitoring system is to
convert child
labour into child work (focusing on the work environment and
conditions) and to prevent children from engaging in labour. Specific
objectives of the CCF include the following:
- (i) Withdraw
and rehabilitate (as prescribed in CRC) children in workplaces other than homes.
Also ensure protection to all children
from entering the labour force in
workplaces.
- (ii) Ensure
protection to all children from entering the labour force in all workplaces,
including homes.
- (iii) Withdraw
and rehabilitate, within the context of CRC, all child labourers from hazardous
and exploitative labour at all workplaces,
including homes, by the
year 2000.
- (iv) Withdraw
children from all forms of work and rehabilitate working children by the end of
2010 (in line with SAARC goals).
- It
is envisaged that the CCF will achieve gradual withdrawal of child labour from
various trades in the near future and approximately
30,000 child workers will
benefit from this programme. Seed money of PRs 20 million has been allocated to
the CCF to start its activities.
- Saga
Sports. Another significant development in the private sector has been the
establishment of a joint venture between a leading sports goods
firm of Pakistan
and of the United States of America, namely Saga Sport of Sialkot and NIKE OF
USA for the gradual elimination of
child labour from their production units by
setting up football stitching centres allowing adult labour only. The first
such centre
has already become operational in November 1996 and 10 other
centres are expected to be set up by the end of 1998.
- Carpet
Manufacturing Association. The Carpet Manufacturing Association has also
established six centres in four districts where child labour is
concentrated:
Location
|
District
|
Year of establishment
|
Village Sharifabad
|
Lahore
|
1997
|
Village Kalokey
|
Sheikhupura
|
1995
|
Village Waran
|
Sheikhupura
|
1997
|
Village Kalakey
|
Hafizabad
|
1995
|
Village Mandi
|
Hafizabad
|
1997
|
Village Talwandi
|
Norowal
|
1997
|
The total enrolment in these centres is 600. The Carpet Manufacturing
Association has also constructed a high school at Sangla Hill
district,
Sheikhupura. The school will be started in a couple of months.
NGO initiative
- The
Government cannot resolve such a social grievance without collaborating with
NGOs. The contribution of NGOs remains pivotal in
this regard. They help in
sensitizing communities about social problems and enhance their capacity,
understanding and participation.
NGOs have also initiated similar projects.
Notable initiatives are as
below:
NGOs
|
No. of centres
|
Location
|
Year established
|
Enrolment per centre
|
Staff/ centre
|
Expenditure per centre/month
|
Sudhar
|
4
|
Qasur
|
1995-1996
|
155
|
8
|
PRs 330 000/ month
|
PILER
|
18
|
Karachi
|
1993-1997
|
70
|
2
|
PRs 9 500/ month
|
Pakistan Paediatric Association
|
10
|
Peshawar
|
1995
|
25
|
1
|
PRs 3 500/ month
|
Working Women’s Association
|
2
|
Islamabad
|
1992-1995
|
50-60
|
2
|
PRs 45 000/ month
|
Future initiatives and difficulties
- The
child labour problem is multidimensional. If laws are strictly implemented,
there is a likelihood of dislocation of children from an activity which is,
in some way,
helpful in providing a source of income. The Government and
families find it hard to
integrate the child worker population into
mainstream education owing to resource
constraints.
- Uniform
legislation to control child labour in all economic activities, full measures
for compulsory primary education, population
control, socio-economic
development of poor families, integrated social action programmes for the
overall welfare and prosperity
of society are some of the measures
that can contribute towards the elimination of child
labour.
2. Drug abuse (art. 33)
- Drug
abuse is assuming alarming proportions in Pakistan. It is estimated that there
are about 3 million drug addicts in Pakistan,
more than 30 per cent of them
under the age of 20. The number of children using drugs is on the increase.
Having realized this
fact, the NCCWD has prepared a plan of action with UNICEF,
giving importance to this issue. The NCCWD plans to conduct research
study with
focus on the use of drugs by children. The issue will also be covered by the
Expert Committee on Social Welfare and Protection
Rights. The measures adopted
to address this problem are given below.
- The
following is a brief overview of the procedure and agencies directly involved in
the development and implementation of anti-drug
policies in
Pakistan.
(a) The Narcotics Control Division, Ministry of
the Interior, was created in 1989. It has direct responsibility for overseeing
the implementation of various international
treaties and conventions and laws of
the country concerning drug abuse. It also sponsors anti-narcotics programmes
and projects.
(b) Three categories of federal and provincial agencies. The
anti-drug law
enforcing agencies fall under three categories, i.e. federal,
provincial and tribal areas. These agencies are:
(i) Narcotics Control Division, Ministry of the Interior;
(ii) Ministry of Finance;
(iii) Ministry of Defence;
(iv) Ministry of States and Frontier Regions.
There are two
separate organizations under each of the provincial governments, i.e. the police
and the provincial excise department.
(c) The establishment of the Anti-Narcotics Force (ANF). The
Government, acutely aware of the inadequacy of drug enforcement machinery in
Pakistan, ordered, in 1994, the merging of PNCB
and ANTF under one unified
command of a serving army general. The underlying idea was to make it a more
effective and all-encompassing
force with enhanced drug interdiction
capabilities to counter the influence of narcotics traffickers in Pakistani
society through
forfeiture of their assets and better prosecution.
(d) Charter of duties of ANF. The charter of duties of the new
organization is summarized hereunder:
(i) Inquire into, investigate and prosecute all offences related to, or
concerned with, preparation, production, manufacture, transportation,
trafficking
or smuggling of intoxicants, narcotics and chemical precursors
of reagents.
(ii) Inquire/investigate into assets of drug abuse.
(iii) Provide assistance and advice to enforcement agencies on all matters in
the field of narcotics and collect information from
all national and
international agencies about illicit traffic and traffickers, and exchange
relevant intelligence with such organizations
directly and through international
channels and coordinate efforts of all such agencies/departments in the field of
enforcement of
all drug-related crimes.
(iv) Maintain liaison with the International Narcotics Control Board,
United Nations Drug Control Programme (UNDCP), the Narcotics
Affairs
Section, Drug Enforcement Agency, drug liaison officers, other national and
international organizations, associations, bodies
and societies and represent
the country in the deliberations of all such organizations in the field of
enforcement of all drug-related
matters.
(v) Arrange and coordinate training of its own staff and members of
other
enforcement agencies in various aspects of narcotics
enforcement.
(vi) Assist and execute projects and schemes for the elimination/destruction of
poppy cultivation and the elimination of the production
of narcotics
and
dangerous drugs for other than medical and scientific use, in
collaboration with other federal and provincial agencies and
forces.
(vii) Other related functions.
(e) Organizational structure. The ANF is headed by a
Director-General, assisted by one Deputy Director-General and five Directors
looking after the following
areas of responsibility: assets investigation;
legal matters; coordination; intelligence; enforcement, planning, development
and
training; logistics and administration; and demand reduction of awareness
programmes.
(f) Anti-Narcotics Force (ANF). The Planning and Development
Department Directorate of Demand Reduction, under ANF, has been given the
responsibility of mounting
awareness campaigns, particularly for school-based
programmes.
(g) International Drug Demand Reduction Programme (IDDRP). It is a
UNDCPfunded five-year programme with a budget of $3.8 million. It was
established in 1991 under ANF. Its work in the provinces
is coordinated through
agreements. IDDRP has been functioning as an integral part of Pakistan’s
five-year master plan for
drug control by developing a training package. It has
initiated some innovative projects, particularly in creating alternative
channels
of healthy activities under Community Action Projects (CAP). They are
basically small grant programmes, supported by UNDCP. The
target population is
the youth of the country and the activities supported by the programme include
youth sports, seminars, cultural
shows against drugs, and recreational and
creative initiatives, such as drama, poetry recitation, singing competitions,
etc. Altogether
173 organizations were provided with grants of PRs 5,000 each
for their activities. It is estimated that about 33,400 young people
were
directly involved in or benefited from the activities under CAP. The Government
of Pakistan has included CAP as an element
of demand reduction programmes for
implementation in the draft master plan document for 1997-2002. In the interim
period, the Drug
Abuse Prevention Resource Centre (DAPRC) and ANF have taken up
CAP as one feature of their support to NGOs in promoting public awareness
and
action to prevent drug use. IDDRP, in addition to CAP, has initiated a
programme for the training of a Community Intervention
Team. A five-year Drug
Abuse Master Plan is currently under implementation. The project is aimed
at poppy substitution in the poppy
growing areas in the NWFP. During 1999/2000,
a mass awareness programme with allocation of PRs 4 million has been launched
through
the use of radio, newspapers and pamphlets to inform and alert the
general public of the necessity for community awareness and action.
A community
participation project for drug demand reduction, costing PRs 5 million,
has
been initiated. A “rapid situation assessment” project on drug
abuse has also been
signed with UNDCP. A three-year programme mainly aimed
at strengthening the drug law enforcement agencies has been commenced and
punitive actions have been taken against drug traffickers.
(h) Drug Abuse Prevention Resource Centre (DAPRC). Established in
1985 (Islamabad), this centre has been functioning mainly as a library and
documentation centre for the centralization
and dissemination of data and
information about drugs and their abuse. It has published a number of
pamphlets, posters and some
research reports. It is in the process of
collecting and cataloguing publications on the subject from all parts of the
country.
It is
estimated that at present there are around 376 NGOs in the country which are
actively involved in demand reduction activities. Coordination
in this respect
is the responsibility of DAPRC. It seems that it has yet to take up this
challenge in the manner that the situation
demands. It is being supported by
the Commission of the European Communities, in Islamabad. The original total
cost is PRs 84 million.
The objectives include: (i) dissemination of
information; (ii) research; (iii) training programmes for target groups,
including
children; (iv) outreach activities; (v) material for awareness
campaigns; and (vi) collection of reference material.
- Sources
of funding. Funds to sustain the multifarious activities against drug
abuse are drawn from local and international sources. Some of the major
sources are the following:
An allocation of PRs 3,322 million had
been earmarked in the 8th Five Year Plan (19931998) for the control of drug
abuse. (Updated
information may be provided.)
Contributions are also received from UNDP and the European Union, but these
amounts are not sufficient to make up the shortfall and
enable the agencies to
deal with the situation.
Bilateral arrangements with the United States of America under United States
policy initiatives, provide a $2.6 million programme
to counter narcotics
activities in Pakistan.
Public awareness and focus on drug abuse in the private
sector
- After
the promulgation of the Prohibition Order of 1979, the bulk of treatment
facilities were provided by the public sector at government
hospitals. Soon
private clinics and rehabilitation centres became part of the new set-up. A
large number of addicts, guided by
their families, went from one system to
another with no guarantee of cure. The relapse rate
was high.
- In
the area of public awareness, the NGOs’ contribution remained confined to
seminars, workshops, public rallies and walks sponsored
by national and
international agencies. Gradually, the media also started playing its role in
the campaign against drug abuse.
- Awareness
campaign reports and surveys. According to a DAPRC report of
June 1996, an overwhelming space was given to topics concerning law
enforcement. Out of a total
of 804 news items, 350 pertain to law
enforcement on drug control. The second topic on the list “drug
mafia”, also belongs
to the same category. The third place was given to
government policies.
- An
EC/DAPRC report on Drug Demand Reduction Activities in Pakistan (January 1996)
provides some details of the contribution of the
private sector and NGOs in
dealing with the problem of drug abuse. The report is based on information
gathered from 376 organizations.
Of
- these,
184 were dedicated to treatment issues and 159 were exclusively working on
primary prevention, while 33 were involved in both.
It is interesting to note
that organizations dealing with primary prevention are all NGOs, with DAPRC
being the only exception.
In treatment,
the private sector represents a
higher percentage. Salient features of the services are as
follows:
Only 23 per cent of the organizations are working in
the rural areas;
After-care services are claimed by 76 centres, but full details are not
available;
There are only four heroin-specific treatment centres; the rest are for
polydrug
treatment;
135 of the NGOs collaborated with educational institutions;
Most of the activities of NGOs claiming primary prevention consist of
lectures, debates, essay writing, drama, music, walks, rallies,
religious
activities, meditation and workplace visits;
The report recommended that the curricula for formal education on drug abuse
be defined and introduced as an elective subject at the
universities.
- Another
national survey of organizations providing drug treatment and rehabilitation
services was conducted by an Islamabad-based
NGO, Working Against Drug Abuse
(WADA), for ILO and IDDRP, in August/September 1994. The survey covered 181
organizations. They
were divided into three types: private clinics (47
per cent); government hospitals (42 per cent); and NGOs (11 per cent).
The salient
features of the survey report are:
80 per cent of the
organizations surveyed provide private inpatient care;
68 per cent provide outpatient care (there is an overlap);
In 61 per cent of the organizations, the head of the facility had no special
training; of the remaining organizations, 95 per cent
had medical doctors on the
staff; some utilized the services of former addicts for staff duties (11 per
cent);
Although individual counselling, family therapy and group therapy were
mentioned as part of the regular programmes, there was no psychologist
or social
worker on the staff of the organizations;
Only 16 per cent of the organizations provided vocational assessment;
60 per cent of the organizations charged fees; 43 per cent received funds
from the Government.
- Role
of NGOs in drug demand reduction. For the last few years, many efforts have
been made in the nation’s struggle against drug abuse. One of the most
important
has been the emergence and establishment of grass-roots
non-governmental organizations across the country dedicated to creating a
drug-free life for the people within their communities, in parallel to
governmental efforts.
- The
Drug Abuse Prevention Resource Centre is coordinating efforts of NGOs in the
field of drug demand reduction all over the country.
The current CEC-funded
project has contributed a great deal towards supporting NGOs in terms of
technical guidance and provision
of information and awareness material. The
next step of the project is to provide financial support to selected NGOs for
carrying
out community-level drug demand reduction activities. Two hundred
proposals have been submitted by NGOs from all over the country
and financial
assistance will be provided to them after evaluation of the proposals.
- Information
collected by the project through an organizational pro forma reveals that there
are 489 NGOs actively involved in drug
demand reduction. Out of these 50
are providing treatment and rehabilitation services for drug addicts, whereas
others are mainly
working for creation of awareness regarding the hazards of
drug abuse. These NGOs are part of the network established by DAPRC through
various training programmes, seminars and forums and are in regular receipt of
printed material and a bi-monthly newsletter.
3. Sexual exploitation and sexual abuse (art. 34)
- The
NCCWD has taken a number of initiatives. For example, the Expert Committee on
Social Welfare and Protection Rights has a subgroup
on child sexual exploitation
and abuse. Moreover, a plan of action is being signed with ILO on combating
child trafficking and
child sexual exploitation. The plan will also address
children involved in other forms of exploitation.
D. Children belonging to a minority or indigenous group (art.
30)
- The
status of “minority” is officially accorded only to non-Muslim
communities in Pakistan. The separate identity of
tribal communities is given
recognition in constitutional
and legal provisions for the administration of
tribal areas and in the non-application of the general laws to these areas.
There
are no legal or constitutional arrangements that recognize language,
ethnicity or race as grounds of discrimination in the exercise
of fundamental
rights.
1. Religious minorities
- Pakistan
is a Muslim majority State, with a small non-Muslim population. The major
nonMuslim communities in Pakistan are Christians,
Parsis, Hindus, Sikhs and
Ahmedis. The Constitution guarantees non-discrimination against minorities and
declares the protection of their legitimate rights and interests as a principle
of policy.
- The
participation of minorities in the federal and provincial legislatures is
ensured through a system of separate electorates. It
is a form of affirmative
action. The separate electoral system was initiated during British times. In
1906 a group of Muslim leaders
met the then British Viceroy in India and
communicated to him their concern that in a direct electoral exercise the
Muslims of British
India would be submerged in the Hindu majority. A mechanism
was therefore needed to ensure adequate representation of all segments
of the
British Indian society in the limited legislature the colonizing power was
considering establishing. The system of separate
electorates was thus
conceived. Under that system the different communities elected their own
representatives to the legislatures.
This system served the Muslims of British
India well, as it allowed Muslims to have a voice in the legislature. After the
creation
of Pakistan it was felt that without separate electorates for the
minorities they would have no representation
in the legislatures, federal or
provincial. To ensure that there was always an adequate number
of
representatives of the minority communities in the policy-making organs, the
system of separate electorates, which had served the
Muslims of British India so
well, was instituted
for the minorities. Otherwise, the minorities would be
unlikely to have representation in any legislature.
Freedom to profess their religion
- The
Constitution provides for the freedom of minorities to freely profess their
religion and develop their culture. There are no legal restrictions
on the
freedom of worship. Places of worship are allowed to be constructed and
religious rituals are not barred by the law, unless
these are contrary to
morality or public order.
- The
right of each religious community to establish, maintain and manage its
religious institutions is protected by article 20 of the
Constitution.
- Special
programmes for minority children are under way to improve their marginalized
status or to develop culture linked to the different
religions, other than
Islam. Cultural activities for minorities are also undertaken to observe
religious festivals at home, for
which holidays are granted.
2. Tribal population
- Pakistan’s
tribal population is concentrated in the North-West Frontier Province and
Baluchistan. The tribal people are not
distinct racially, ethnically,
linguistically or on religious grounds and draw their tribal identity from their
territorial location.
The tribal population is almost totally Muslim by
religion.
IX. ADDITIONAL RESPONSES
Observation 1
What new legislation had
been enacted with regard to the Convention and with reference to the National
Plan of Action which was prepared
two years ago?
Response
The following legislation has been enacted and
drafted in the light of CRC:
(a) Juvenile Justice System Ordinance, 2000 has been promulgated in
Pakistan. The law bans the death penalty for any person below
the age of 18
years.
(b) Compulsory education acts have been promulgated in the Province of
Punjab during 1995/96; the NWFP is expected to do the same
in the near future.
The rest of the provinces are also working on similar legislation.
(c) In the area of health, various legislation has been drafted,
including:
(i) Iodine Deficiency Disorders Control Bill;
(ii) Micronutrient Control Bill;
(iii) Legislation pertaining to maternity benefits is being drafted;
(iv) Protection of Breast Feeding and Young Child Nutrition Bill;
(v) Amendments have been made to the Pakistan Juvenile Smoking Ordinance
1959;
(vi) Pure Food (Amendment of Pure Food Ordinance No. VII 1960) Fortification
Bill.
(d) The sentence of whipping has been abolished for all
types of crime, by the Abolition of the Punishment of Whipping Act (Act VII
of
1996).
(e) A tribunal for disadvantaged persons has been constituted to deal with
violations against disadvantaged persons, including women
and children.
(f) National expert committees on priority areas have been constituted.
Detail regarding priority areas is given in chapter I, section
1.1.3. The prime
objective of these committees is to review legislation in the light of CRC,
propose amendments or draft new legislation
where required. In addition, they
also consolidate programmes and plans to accelerate the pace of implementation
of CRC.
(g) The Government has announced a National Policy and Action Plan to Combat
Child Labour.
(h) The National Commission on the Status of Women has been set up.
Observation 2
To what extent has the National Action Plan been
implemented?
Response
The National Plan is being implemented in phases.
However, the Planning Commission has widened the scope of the plan and
priorities
are being redetermined. The Government has reconstituted the
Inter-Ministry/Province Committee on the National Programme of Action
for
Children. The terms of reference of this Committee are as follows:
(i) Review programmes and policies in the special education, health, local
government and social welfare sectors in the light of
the World Declaration on
the Survival, Protection, and Development of Children in the 1990s and CRC;
(ii) Identify gaps and draft a national plan of action for children containing
measurable targets;
(iii) Allocate funds;
(iv) Monitor the progress and achievement of targets.
Observation 3
What tangible results, if any, have been achieved
so far with respect to the National Plan of Action? (Statistics and data to be
provided to the members of the Committee.)
Response
For details please see chapter VI, tables 3 to 7;
chapter VII, table 18.
Observation 4
What is the level of coordination between the
provincial and federal set-ups with regard to the implementation of CRC?
Response
The task of implementing CRC was assigned to
NCCWD. Its chapters were established in the four provinces and in Azad Jammu
and Kashmir
(AJK). A Cell on Child Rights has also been established for the
Federally Administered Northern Areas (FANA). Efforts are being
made to open a
branch of the Provincial Commission in the Federally Administered Tribal Areas
(FATA).
The National Commission and the provincial commissions are responsible for
monitoring progress and coordinating with line ministries,
departments and NGOs
for implementation of the Convention. The Government has decided to grant the
Commission statutory status.
A bill to establish the Pakistan Commission for
the Welfare and Protection of the Rights of the Child has been submitted in the
Senate. The new Commission with its autonomous status will effectively
coordinate the welfare and development of children at the
national level and
oversee the implementation of CRC in the country.
In order to enhance and streamline coordination between the federal and
provincial departments, a District Based Monitoring System
(DBMS) has been
introduced. The system has been developed with the aim of collecting
information from the grass roots at the district
and community levels in all
districts of Pakistan.
A network for the flow of information at the district level is also being
developed. This entails the assignment of responsibility
to the Provincial
Commissions for Child Welfare and Development (PCCWDs).
Observation 5
The Committee expressed satisfaction over
legislation, like the Bonded Labour (Abolition) Act 1992 (Annex 17), but asked
if concrete
steps have been taken for the establishment and the strengthening of
administrative mechanisms to implement the Convention.
Response
Efforts are being made for the implementation of
the law and its strict observance. The rules required to implement the law
have
now been framed. The Government has constituted vigilance committees at
the district level to combat the phenomenon of bonded labour.
The committees
are chaired by the deputy commissioner of the district with representatives from
the police, the judiciary, the bar,
the municipal authorities, etc., as members.
At the recommendation of the ILO Conference Committee on Standards, membership
of the
vigilance committees was expanded to include representatives of the trade
unions and employers’ associations. Membership has
also been extended to
NGOs. The Federal Government has also established a PRs 100 million “Fund
for the education of working
children and rehabilitation of freed bonded
labourers”.
Observation 6
What is the time frame within which the Government
of Pakistan will implement the Convention?
Response
It is a continuing process.
Observation 7
A response by the Government of Pakistan stated
that education was not compulsory in Pakistan. Why is education not compulsory
when
the literacy rate is so low?
Response
The major reason for the absence of compulsory
education has been resource constraints. The provinces of Punjab and NWFP have
made
laws for compulsory education and the other provinces are in the process of
doing so.
Observation 8
What practical measures have been taken to change
the attitude of society regarding discrimination against women and the girl
child?
Response
The Ministry of Women Development has been
established on a fully-fledged basis to look after the interests of women and
the girl
child. Departments have also been opened in four provinces.
Organizing workshops, seminars and conferences on the issue of women
in
development is a regular activity of the ministry. Besides, awareness campaigns
are being implemented through the All Pakistan
Women Association (APWA), Girl
Guides Association, Aurat Foundation, Human Rights Commission of Pakistan
(HRCP), Democratic Commission for Human Development (DCHD), Lahore and many
other
NGOs. First Women Bank has also been established to accelerate women
participation in economic activity. A major step in this direction
was the
constitution of a Commission for Women. This Commission has now submitted its
report and has made a number of important
recommendations. Significant among
these is representation of women in the legislature with up to 33 per cent as
well as recommendations
for the repeal of discriminatory laws.
Observation 9
What laws exist with regard to putting a limit on
the payment of dowry and regarding the maintenance of a child in the case of
divorce
or separation between parents?
Response
There is only one law regarding putting limits on
the payment of dowry and that is the Dowry and Bridal Gift (Restriction) Act
1976
(Annex 45). Regarding the maintenance of a child in the case of divorce or
separation between parents, the family courts observe
the best interest of the
child.
Observation 10
Request for provision of specific laws, the status
of their implementation and other related acts and figures.
Response
Laws have been annexed to the report. Most of the
laws have been enforced. In certain cases rules are being framed to facilitate
implementation. The existing laws are under review for improvement. Figures
have also been given in the relevant chapters.
Observation 11
What is the present status of the family planning
programme in Pakistan? How much success has it achieved? What targets have
been
set for the next few years?
Response
The population objectives of the 8th Five Year
Plan (1993-1998) are:
(i) To raise the contraceptive prevalence rate from 14 to 24 per cent;
(ii) To reduce the total fertility rate from 5.9 to 5.4 per cent;
(iii) To reduce the level of the crude birth rate from 39 per 1,000 to 35
per 1,000;
(iv) To reduce the population growth rate from 2.9 to 2.5 per cent by the
year 2000.
In the 8th Five Year Plan (1993-1998) the
Ministry of Population Welfare has launched a new media campaign to reinforce
family planning
messages through radio, television, press and print media and by
influencing the attitudes of local leaders. The Government has
requested
support in achieving these objectives from UNFPA.
According to a National Institute of Population Studies (NIPS) survey
(1999/2000) the contraceptive prevalence rate has increased
to 30 per cent.
According to the Economic Survey 1999-2000, the crude birth rate (per 1,000)
was 33.8 in 1997 and in 1995/96, it was 35.9 (per 1,000).
According to the Economic Survey 1999/2000, the annual population increase
dropped to 2.4 per cent per annum by mid-1998.
The target set for the 9th Five Year Plan (1999-2003) is to reduce the
population growth rate from 2.6 to 1.7 per cent.
Observation 12
What mechanics have been developed, and what
specific programmes have been implemented, with regard to disabled children?
How many
institutions for them exist in
the country? What is the total
number of students enrolled in such institutions? What
practical measures
have been taken by the Government to implement the recommendations
of UNICEF
(included in the 1992 UNICEF situation analysis of children and women in
Pakistan)?
Response
The detailed mechanism is given in chapter VI,
section B.1. Information regarding disabled children is provided in the
following
table:
Area/region
|
Hearing impaired
|
Mentally retarded
|
Physically handicapped
|
Visually impaired
|
Multiple disabled
|
Total
|
FG*
|
PG**
|
NGOs
|
FG*
|
PG**
|
NGOs
|
FG*
|
PG**
|
NGOs
|
FG*
|
PG**
|
NGOs
|
FG*
|
PG**
|
NGOs
|
Islamabad
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Centres
|
2
|
|
1
|
2
|
|
|
1
|
|
|
1
|
|
|
4
|
|
2
|
13
|
Children
|
166
|
|
166
|
135
|
|
35
|
68
|
|
|
60
|
|
|
|
|
322
|
952
|
Teachers
|
18
|
|
7
|
17
|
|
8
|
13
|
|
|
10
|
|
|
|
|
19
|
92
|
Punjab
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Centres
|
6
|
25
|
14
|
5
|
2
|
11
|
4
|
3
|
9
|
5
|
14
|
14
|
1
|
8
|
14
|
135
|
Children
|
666
|
3 596
|
1 436
|
265
|
80
|
1 035
|
214
|
191
|
300
|
263
|
498
|
436
|
|
129
|
1 407
|
10 516
|
Teachers
|
70
|
323
|
159
|
24
|
8
|
129
|
21
|
19
|
78
|
24
|
119
|
62
|
|
14
|
104
|
1 159
|
Sindh
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Centres
|
1
|
2
|
6
|
2
|
|
8
|
2
|
|
3
|
3
|
1
|
8
|
1
|
13
|
9
|
59
|
Children
|
68
|
146
|
828
|
121
|
|
406
|
88
|
|
70
|
175
|
137
|
283
|
|
531
|
1 484
|
4 337
|
Teachers
|
7
|
16
|
108
|
5
|
|
39
|
7
|
|
5
|
15
|
20
|
25
|
|
60
|
149
|
456
|
Baluchistan
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Centres
|
1
|
1
|
2
|
1
|
1
|
|
1
|
1
|
2
|
|
1
|
1
|
|
|
1
|
12
|
Children
|
32
|
78
|
94
|
42
|
57
|
|
72
|
70
|
26
|
|
71
|
5
|
|
|
10
|
557
|
Teachers
|
1
|
7
|
12
|
1
|
6
|
|
8
|
7
|
9
|
|
7
|
1
|
|
|
3
|
62
|
NWFP
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Centres
|
2
|
9
|
5
|
2
|
1
|
2
|
2
|
|
9
|
2
|
7
|
6
|
|
3
|
5
|
55
|
Children
|
92
|
466
|
163
|
93
|
177
|
256
|
115
|
|
91
|
64
|
51
|
66
|
|
|
134
|
1 883
|
Teachers
|
12
|
49
|
15
|
7
|
20
|
17
|
10
|
|
7
|
3
|
36
|
10
|
|
|
18
|
202
|
FANA
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Centres
|
1
|
|
1
|
|
|
|
|
|
4
|
|
|
|
|
|
1
|
7
|
Children
|
30
|
|
30
|
|
|
|
|
|
117
|
|
|
|
|
|
83
|
260
|
Teachers
|
2
|
|
2
|
|
|
|
|
|
3
|
|
|
|
|
|
6
|
13
|
AJK
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Centres
|
|
|
|
|
|
|
1
|
|
|
|
|
|
|
|
|
1
|
Children
|
|
|
|
|
|
|
19
|
|
|
|
|
|
|
|
|
19
|
Teachers
|
|
|
|
|
|
|
2
|
|
|
|
|
|
|
|
|
2
|
Total
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Centres
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
282
|
Children
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
18 524
|
Teachers
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1 985
|
Source: Directory Compiled by National Institute of Special
Education (DGSE).
|
* FG = Federal Government.
|
** PG = Provincial government.
|
Observation 13
What is the percentage of children among the 4.9
million disabled people mentioned in the report? (Separate percentages for
mentally
retarded children and the disabled girl child are to be provided.)
Response
At present the estimated number of the special
population aged 0-18 is 6.414 million, out of which estimates show that 1.421
million
(22.15 per cent) are visually impaired, 1.421 million (22.15 per cent)
are mentally retarded, 0.73 million (11.38 per cent) hearing
impaired
and 2.842 million (44.32 per cent) are physically handicapped.
Approximately 50 per cent of the total disabled population
for the age
group mentioned herein is comprised of girl children.
Observation 14
What is the actual budget allocation to the health
sector at both the federal and provincial levels? How is this percentage of the
budget divided at both levels?
Response
The national health budget allocation for the year
1997/98 was 19,664 million and for the year 1998/99 it was PRs 20,808
million.
Observation 15
What incentives have been given to medical doctors
to go to the rural areas?
Response
Special allowances and residences are provided to
doctors who serve in the rural areas.
Observation 16
What practical measures have been taken to raise
the status of teachers in society or to make teaching attractive as a job in the
country?
Response
(Response missing)
Observation 17
Are there any professional training schools for
teachers and for teachers of disabled children? What steps have been taken by
the
Government in this regard?
Response
Training institutes for teachers are run by the
following ministries/sections at the federal level:
(i) Ministry of Education (Curriculum Wing);
(ii) University Grants Commission;
(iii) Federal Training College for Teachers, Islamabad;
(iv) Prime Minister’s Literacy Commission;
(v) Allama Iqbal Open University.
In the provinces, universities
and colleges impart training to teachers as part of the degree in education.
NGOs have also participated in this activity. Eminent NGOs include the
Teachers Resource Centre, Karachi, the Agha Khan Rural Support
Programme and the
National Rural Support Programme.
In the area of disabled children, at the federal level Allama Iqbal Open
University (Department of Special Education) and the National
Institute of
Special Education (NISE) impart training for teachers to teach special children.
At the provincial level, the following
institutions provide teacher training
facilities for teaching the disabled children:
(i) University of the Punjab (Department of Special Education);
(ii) University of Karachi (Department of Special Education);
(iii) University of Sindh, Jamshoro (Department of Special
Education).
NGOs like the Deaf Education and Welfare Association
(DEWA), Karachi, and Training of Teachers for Deaf Children (Gung Mahal, Lahore)
also actively participate in training teachers to teach disabled children.
Observation 18
What law protects the legal practices in the
country?
Response
The Constitution of the Islamic Republic of
Pakistan and the Bar Councils.
Observation 19
What monitoring mechanisms have been introduced by
the Federal Government to monitor the implementation of the Convention on the
Rights of the Child at the federal and the provincial levels?
Response
This question has been answered above.
Observation 20
What use has been made of the $1 billion funding
for primary education in Pakistan which is referred to in the UNICEF report of
1992?
What results have been achieved? How many schools have been opened with
this money?
Response
Neither the Ministry of Education nor UNICEF have
any knowledge of the above-mentioned funding. If the Committee recalls
any other reference, the Government of Pakistan would be able to explain it.
Observation 21
The 1984 law of evidence is discriminatory against
women. What efforts have been taken to abrogate this discriminatory
law?
Response
The Government has set up a National Commission on
the Status of Women to take up these issues. The National Commission
will review all laws, rules and regulations affecting the status and rights of
women and suggest repeal, amendment
or new legislation essential to eliminate
discrimination, safeguard and promote the interests of women and achieve gender
equality
in accordance with the Constitution and obligations under international
covenants and commitments. The Inquiry Commission for Women has
presented its report on the matter. The Government is reviewing it in
the light of the recommendation of the Commission.
Observation 22
As a result of the adoption of the 1992 Bonded
Labour (Abolition) Act, (Annex 17), how many persons were released from labour
camps?
How many of them were children?
Response
The figures for 1999-2000 are as follows:
|
No. of raids
|
Labour recovered
|
Punjab
|
657
|
204
|
Sindh
|
47
|
567
|
NWFP
|
Raids done but
|
None
|
Baluchistan
|
number of raids not available
|
None
|
Observation 23
If pre-marital and extra-marital sex is
prohibited, how is a distinction made between adultery and rape? If the
difference is the
element of consent, then it should be included in the
concerned legislation.
Response
The Government is reviewing the report of the
Inquiry Commission for Women in this regard.
Observation 24
A clarification is required with regard to the
Child Marriage Restraint Act 1929 (Annex 7, Appendix XVII) (mentioned on
page 11 of
the Government’s response to specific questions of the
Committee), as to whether the punishment is for persons under the ages
of 18 and
16 who get married or for the persons who arrange the marriages in such
cases.
Response
The persons who arrange the marriages or
facilitate them are punished.
Observation 25
Can children under 18 be sentenced to death in
Pakistan and, if so, are there any cases where the death sentence had been
carried
out in Pakistan?
Response
No information is available for any death sentence
having being carried out with respect to children under the age of 18 years.
Moreover, the Juvenile Justice System Ordinance 2000, recently promulgated
in Pakistan, imposes an absolute ban on the death sentence
for persons under the
age of 18 years.
Observation 26
What mechanisms have been established by the
Government to implement the various acts and laws mentioned in paragraph 5 (c),
page
11, of the Government’s responses to specific questions of the
Committee?
Response
This relates to the Bonded Labour System
(Abolition) Act (1992). Appropriate rules have been made for
implementation of these laws and acts, and they are fully enforced by the
provincial governments.
Observation 27
What are the detailed data with regard to cases of
children in jails/police custody?
Response
The available data on children detained in jails in the four provinces are
as follows:
Juvenile inmates in jails, Punjab (1996)
Ages of children in custody range
from 12 years to 18 years
|
Jail
|
Under trial
|
Convicted
|
Central Jail, Sahiwal
|
41
|
3
|
New Central Jail, Multan
|
68
|
4
|
B.I.& J. Jail, Bahawalpur
|
54
|
33
|
Central Jail, Mianwali
|
53
|
3
|
New Central Jail, Bahawalpur
|
|
|
Central Jail, Faisalabad
|
|
|
Central Jail, Lahore
|
56
|
|
Central Jail, Rawalpindi
|
74
|
2
|
Central Jail, Dera Ghazi Khan
|
68
|
|
Central Jail, Gujranwala
|
79
|
|
District Jail, Lahore
|
91
|
|
District Jail, Multan
|
33
|
1
|
District Jail, Faisalabad
|
42
|
|
District Jail, Sialkot
|
39
|
1
|
District Jail, Jhang
|
90
|
1
|
District Jail, Sargodha
|
28
|
1
|
District Jail, Muzaffargarh
|
26
|
|
District Jail, Sheikhupura
|
83
|
|
District Jail, Rajanpur
|
5
|
|
District Jail, Kasur
|
39
|
2
|
District Jail, Rahim Yar Khan
|
26
|
|
District Jail, Bahawalnagar
|
17
|
3
|
District Jail, Shahpur
|
22
|
|
District Jail, Jhelum
|
16
|
3
|
District Jail, Attock
|
30
|
7
|
District Jail, Gujrat
|
22
|
1
|
District Jail, Multan
|
3
|
1
|
District Jail, Mandi Bahauddin
|
33
|
7
|
Source: Inspectorate of Prisons, Lahore (Punjab).
Inmates in juvenile jails, Karachi
Ages of children in custody range
from 12 years to 18 years
|
|
Male
|
Female
|
Total
|
Under Trial
|
763
|
79
|
842
|
Convicted
|
26
|
19
|
45
|
Detinue
|
15
|
7
|
22
|
Total
|
804
|
105
|
908
|
Source: Superintendent, Juvenile Jail, Karachi.
Juvenile inmates in jails, NWFP
|
Convicted
|
APA/ADM Bara
|
19
|
APA/ADM Miranshah
|
3
|
APA/ADM Wana
|
1
|
APA/ADM Parachanar
|
6
|
Haripur
|
19
|
Source: Inspectorate of Prisons, NWFP.
Juvenile inmates in jails, Baluchistan
Ages of children in custody range
from 12 years to 18 years
|
Jail
|
Under trial
|
Convicted
|
Central Jail, Moch
|
-
|
3
|
District Jail, Quetta
|
28
|
2
|
Central Jail, Mastung
|
1
|
-
|
District Jail, Sibi
|
5
|
-
|
District Jail, Dera Murad Jamali
|
2
|
-
|
District Jail, Khuzdar
|
6
|
-
|
District Jail, Bela
|
1
|
-
|
District Jail, Loralai
|
2
|
-
|
District Jail, Zhob
|
4
|
-
|
Source: Inspector General of Prisons Quetta, Baluchistan.
Response to Observation 28
There is no complication and confusion regarding
legal procedure in the country and the Supreme Court is the final authority
regarding
laws.
Observation 29
What is the significance of having 12 years as the
upper age limit to be accepted by courts for the imposition of punishment for
the abandonment of children? Is it just an arbitrary figure or has it some
connection with shariah law?
Response
This was the age prescribed by the Pakistan Penal
Code (PPC) enforced in 1860 as a part of English Common Law in British India.
The Penal Code has been changed since then. This has no
relevance to shariah.
Observation 30
Why have only the provincial governments of Punjab
and Sindh enacted ordinances or acts with regard to child welfare and not the
other two provinces? What mechanisms has the Federal Government introduced to
get the other two provinces to enact similar legislation?
And if one provincial
government decides not to enact similar legislation, what is the mechanism that
the Federal Government will
employ to let provisions of the Convention on the
Rights of the Child be implemented in that particular province in order to keep
equal standards for children in the country? If one province has enacted
legislation concerning the rights of the child in a particular
year and another
province decides to do it 10 years later, how does the Federal Government ensure
that the gap between the children
of the two provinces in enjoying the rights
given to them in the Convention is covered appropriately?
Response
NCCWD is convincing the other two provinces to
enact law on the welfare and rights of the child on the line of that adopted in
Punjab.
So far legislation with regard to prisons has been understood to
be within the exclusive domain of provinces, whereas, the Federal
Government can
legislate in the area of juvenile justice. Efforts are being made to
legislate a uniform juvenile justice act applicable to all four provinces.
This is being done at the federal level.
Observation 31
The report only mentions the Afghan and Bosnian
refugee children. What about the children from some other countries,
like Iraq, Somalia and Iran, who have not been given the status of refugee
children?
How many such children are there? What arrangements have been made
for the Bosnian children to be in contact with their families?
Response
The Bosnian children numbering 110 have left.
For details see chapter VIII, section A.1 (Refugee children).
Observation 32
What is the status of the Programme of Action that
was adopted in the November 1992 meeting in Islamabad? What percentage of it
has been implemented in concrete terms? What practical measures have been taken
for it to be fully implemented?
Response
This issue has been addressed above in the
responses to observations 1, 2 and 3.
Observation 33
What has been done so far by the Government with
regard to implementing the recommendations of the ILO Committee of Experts? To
what extent have these recommendations been implemented?
Response
The National Steering Committee on Elimination of
Child Labour takes initiatives in this regard. Details of these
initiatives are given in chapter VIII, section C.1 (Economic exploitation of
children).
-----
[*] The annexes are available for
consultation in the files of the secretariat.
[*] Source: Economic Survey
1996/97.
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