Convention on the Rights of the Child




1 September 2009

Original: ENGLISH

COMMITTEE OF THE RIGHTS OF THE CHILDFifty-second session14 September-2 October 2009


[Received on 12 August 2009]


Paragraphs Page

PART 1 1 - 713

Question 1 1 - 83

Question 2 9-124

Question 3 13 - 154

Question 4 16 - 185

Question 5 19 - 216

Question 6 226

Question 723 - 416

Question 842 - 5510

Question 956 - 5713

Question 1058 - 6313

Question 1164 - 6815

Question 1269 - 7016

Question 137116

PART II72 - 7317

Question 172 - 7317

PART III74 - 9021

Question 1 74 - 7621

Question 2 77-8022

Question 3 8123

Question 4 82 - 8323

Question 5 8424

Question 6 85 - 8624

Question 787 - 9025

Additional and updated information on specific issues/questions raised bythe Committee on the Rights of the Child on Pakistan’s third and fourthperiodic reports on the implementation of the Convention on the Rights of the Child


Question 1. Please provide information on progress made and obstacles met in incorporating the Convention into the national legal system as well as the remaining challenges in this respect. Please, indicate whether the laws implementing the Convention are systematically extended to all provinces and areas of Pakistan.

Progress made in incorporating the Convention into the national legal system

1.The Government of Pakistan is fully committed to incorporate the provisions of the Convention on the Rights of the Child into its domestic laws. There have been a number of very important developments on this front during the last few years. In order to bring the legal system in conformity with the Convention, the Child Protection (Criminal Laws Amendment) Bill, 2009, the National Commission on the Rights of the Children (NCRC) Bill, 2009 and the National Child Protection Policy have been prepared in consultation with relevant stakeholders and are being moved to the Cabinet for approval. The provisions of the Convention have been amalgamated in the NCRC Bill 2009. The Bills will be presented before the Parliament soon after approval of the Cabinet. This set of laws will be extended to all provinces and to Provincially Administered Tribal Areas (PATA), Federal Administered Tribal Areas (FATA) and Federal Administered Northern Areas (FANA) as provided in article 247 of the Constitution.

2.Additionally, the Federal Government is supporting a private members' bill; namely the Charter of Child Rights Bill, 2009, in the National Assembly as well. The Provincial Governments are in process of setting up child protection systems based on the general principles of the Convention.

3.The Punjab Government has already put in place a comprehensive child protection mechanism through the Punjab Destitute and Neglected Children Act, 2004.

4.The Sindh Government is setting up a child protection authority for the province through the Sindh Child Protection Authority Bill, 2009. The Bill has been duly vetted by the Law Department and being moved to the provincial assembly for its promulgation.

5.The NWFP Government is considering to set up a Provincial Commission for the Welfare and Protection of Children under the NWFP Child Welfare and Protection Bill, 2009. Currently, the draft bill is being discussed with the stakeholders. Thereafter, the Department of Social Welfare will move that bill to the provincial assembly.

6.The Balochistan Government has drafted a provincial child protection policy in line with the National Child Protection Policy. The draft policy is with the Law Department for approval. It will be sent to the Provincial Cabinet soon.

7.The AJK Government is considering setting up a comprehensive child protection system through, the AJK Child Protection Authority Bill, 2009.

8.In conclusion, the Federal and Provincial Governments are actively working for incorporating the Convention into their domestic legislation.

Question 2. Please provide updated information on the status of adoption of the Child Protection Bill and the National Child Protection Policy, and indicated the factors that may have obstructed their adoption. Could you please explain the expected effect of the adoption of the Child Protection Bill at Federal level as well as its effect on the provinces and please specify if this new law will be enforceable in all provinces and areas of Pakistan.

9.The debate on the draft of the above-mentioned Bills and policy has taken considerably a long time. It took over three years for the Federal Government to develop consensus. Bringing all provinces to agree to a child protection law at the federal level has been a challenging task. After a long delay, the objective has been achieved. However, the work is not done yet. There will be challenges ahead with respect to the implementation of the policy and laws. The Government however remains committed to enact and implement this law in the most comprehensive manner.

Status of adoption of the Child Protection Bill and National Child Protection Policy

10.The Child Protection (Criminal Laws Amendment) Bill, 2009 is being submitted to the Cabinet for presenting before the Parliament. Meanwhile, the National Child Protection Policy is being submitted shortly to the Cabinet for consideration/approval. The National Child Protection Policy, Child Protection (Criminal Law Amendment) Bill, 2009 and the NCRC Bill, 2009 have been approved by all provinces. The National Commission for Child Welfare and Development (NCCWD) does not see any hiccups in the promulgation of these laws.

Expected effect of the adoption of the Child Protection Bill at Federal level as well as its effect on the provinces

11.By adopting the Bill, a conducive, child-friendly and protective environment will be created for the children at federal and provincial level. The perpetrators will be brought into book under various sections inserted in the Pakistan Penal Code (PPC) and Criminal Procedure Code (CrPC). The ratio of crimes will be decreased and controlled through adoption of the Bill.

12.The Bill calls for harsher penalties for the offences against children. Corporal punishment will stand abolished with the introduction of a new offence in Pakistan Penal Code on “cruelty to children”. Child pornography and child sexual abuse has been defined and criminalized with severe penalties. It is believed that harsher penalties will bring the rate of crime against children down considerably. It also defines and criminalizes internal trafficking of children in Pakistan. Its promulgation will surely benefit children in the long run.

Question 3. Please elaborate on the level of coordination between the provincial and federal structures with regard to the implementation of the Convention.

13.The National Commission for Child Welfare and Development (NCCWD) is the core body mandated for undertaking coordinated efforts for the implementation of the Convention on the Rights of the Child. For effective implementation of the Convention at federal level, the NCCWD has close coordination with the relevant stakeholders i.e. the Ministry of Education, Health, Labor and Manpower, Interior, Law and Justice, Women Development, Youth Affairs, the Law and Justice Commission of Pakistan and Civil Society Organizations. Subsequently, at the provincial level, it has coordination with relevant provincial departments i.e. Home, Social Welfare, Health, Education, Labour, Law, Women Development, and Civil Society Organizations, through its provincial chapters, Provincial Commissions for Child Welfare and Development (PCCWD)

14.For the implementation of the Convention at the district level, the NCCWD has close coordination with the District Governments including District Commissions for Child Welfare and Development (DCCWDs) through the PCCWDs. The DCCWDs are instrumental in the implementation of the Convention at grass roots level in collaboration with the local non --governmental organizations and community-based organizations. The NCCWD has coordination with the AJK, FATA and FANA for effective implementation of the Convention.

15.A National workshop of all the relevant stakeholders was recently organized for undertaking uniform legislative, administrative and programmatic measures to implement the Convention.

Question 4. Please inform the Committee on the progress made in establishing the Commission for the Welfare and Protection of the Rights of the Child and indicate whether the new Commission will have a mandate to monitor the implementation of the Convention and to receive and address complaints from children and if it will be provided with adequate resources to carry out its mandate.

16.The present National Commission for Child Welfare and Development (DCCWD) will be replaced by the National Commission on the Rights of Children (NCRC) after the promulgation of the National Commission on the Rights of Children Bill, 2009. The name of the Commission was changed during the discussions with stakeholders on the issue. The NCRC will supervise, coordinate and effectively monitor implementation of the Convention on the Rights of the Child and report progress to the Committee on the Rights of the Child.

17.The Bill provides for the establishment of “Child Rights Fund” to be utilized for promotion and protection of the rights and welfare of children and payment of compensation, fines or damages on behalf of a child in accordance with the orders of the Court. The Federal Government will contribute to the fund additional resources. The Bill also provides for undertaking research by the Commission where there are issues of public policy which impact or could potentially impact on children’s rights; and it empowers the Commission for granting licences for the establishment of children homes for children at risk. The Bill is being moved to the Federal Cabinet for approval. Later it will be presented before the Parliament.

18.The Federal Government has already set up a Child Complaint Cell and working at the Ombudsman’s Secretariat (Wafaqi Mohtasib) at Federal level to redress the grievances of children. Child Complaint Cells are being established at the Ombudsman’s Secretariat at provincial level as well. The NCRC will be working very closely with this Child Complaint Cell.

Question 5. Please indicate whether the Child Protection Monitoring and Data Collection System has been established and, if so, explain the mechanisms in place to coordinate its work the same systems at provincial level. Please also briefly explain measures taken by the State party to address the financial and human resources constraints of the System’s monitoring body.

19.The Child Protection Management Information System (CPMIS) has been established in the National Commission for Child Welfare and Development (NCCWD) with the financial and technical support of UNICEF. The system covers the areas of child protection like child sexual exploitation, juvenile justice, child trafficking, family and alternative care, and violence against children. The NCCWD has close coordination with Federal Ministries and Provincial Governments for the collection of information and data regarding the core areas of the CPMIS. This system uses the well known software for data collection and analysis, i.e.. Devinfo.

20.Trainings on Devinfo software were organized for the staff of the PCCWDs and the AJKCCWD. A format has been jointly prepared for collection of relevant data. So far a cluster report has been prepared and circulated among the relevant stakeholders for undertaking informed decisions in the area of combating child abuse.

21.The NCCWD has linkages and close coordination with the relevant Civil Society Organizations for collection of information on the core areas of the CPMIS. In order to address human and financial resource constraints of the CPMIS, the NCRC Bill 2009 provides for enhancing such resources. This system will form part of the NCRC.

Question 6. Please indicate how children belonging to religious and other minority groups non-citizens and refugee children are covered by the birth registration system.

22.Under the National Database and Registration Authority (NADRA), minors under the age of 18 years are registered through issuing registration certificates irrespective of their religion and minority etc. The refugee children and non-citizens are registered separately and provided with identity cards identical to those provided to citizens.

Question 7. Please indicate whether the schedule of implementation of the National Maternal, Newborn and Child Health (MNCH) Program has been followed, and if expected results have been achieved, notably as regards the reduction of maternal, neonatal and child mortality and morbidity.

23.National MNCH Strategy was developed on 2 April 2005. The PC-1 of the programme was approved by the Executive Committee of the National Economic Council (ECNEC) on 7 March 2007. The programme duration is for the period of 2006/07 to 2011/12. The development partners supporting the Ministry of Health for the implementation of the programme are USAID, UNFPA, UNICEF, CIDA and WHO. The programme implementation is on track and according to schedule. The programme is instrumental in the reduction of maternal, neonatal and child mortality and morbidity. However, concrete results of the programme can only be seen after its evaluation.

24.Priority areas of the National Maternal, Newborn and Child Health (MNCH) Program are:

(a)Comprehensive and integrated MNCH services at the district level;

(b)Community-based skilled birth attendants;

(c)Comprehensive family planning services at the health facilities;

(d)Advocacy and demand creation;

(e)Management and organizational reform; and

(f)Monitoring and evaluation Framework.

25.Achievements of the programme are as follows:-

(a)Assessment of planning monitoring system and capacity development needs developed;

(b)Monitoring and Evaluation Framework developed;

(c)Option paper on Strengthening Planning Function on Human Resource developed;

(d)Communication Strategy for the MNCH Program developed; and

(e)Based on the Agreed Best Practices “Advocacy Kit” developed.

Comprehensive Emergency Obstetric and Neonatal Care (CEmONC) Services

26.In Punjab province, all District Head Quarter Hospitals (DHQH) are providing 24/7 CEmONC services. An amount of Rs. 21 million have been transferred to districts for renovation of hospitals. Around 27 doctors are under training in anaesthesia at the post Graduate Medical Institute, Lahore. Punjab plans to upgrade all Tehsil (Sub-district) Head Quarter Hospitals (THQH) by next year through the Punjab MDG Programme. Staff has been trained on EmONC and PG doctors associated with four districts. UNICEF has conducted trainings on EmONC monitoring tools and online EmONC data entry software for health facility staff of these districts.

27.In Sindh, 12 DHQHs and 12 Tehsil THQHs are providing CEmONC services. In the NWFP, 18 hospitals are providing CEmONC services; the remaining five will be fully functional in the near future.

28.In Balochistan, focus is on ten districts in the first phase. Repair work of two health facilities is completed. In the AJK all hospitals are providing CEmONC. Need assessment for equipment required has been completed and procurement is in process. In FATA strengthening of hospitals is in process.

Employment of Community Midwives (CMW)

29.In Punjab, 2749 CMW students have been enrolled (1348 under MNCH; 762-PAIMAN; 209-UNICEF; 139-UNFPA; and 301 Reproductive Health and Population Program-RHPP). The programme will absorb all CMWs meeting the criteria. 1011 students (75 per cent) out of 1427 have cleared the exam in Dec 2008 and are ready to be deployed. Rs. 112 million h1ave been provided to districts for construction/ renovation of CMW schools. The CMW students are enrolled in 28 out of 42 midwifery schools.

30.In Sindh, 1022 CMW Students are enrolled for training (including 207 from PAIMAN and 29 from UNFPA). Out of which, 57 CMWs from the Pakistan Initiative for Mothers and Newborns (PAIMAN) (43 in Dadu and 14 in Sukkur) have passed out and waiting for deployment. Around 700 CMWs are also getting training under Benazir Youth Program. 12 midwifery and five public health nursing schools are imparting training to CMWs. 86 midwifery tutors have been trained in Aga Khan University (40 with the coordination of UNICEF and 46 tutors trained by PAIMAN. Recruitment of 36 CMW tutors for new schools is under way. Renovation work in six midwifery/ nursing schools has been started. Sixteen new CMWs are to be established.

31.In the NWFP, 737 CMW students are under training. Program is planed to make functional CMW School in Battagram next year. Twenty-two CMWs out of planned 23 are functional. Sixteen tutors have been trained at the Pakistan Institute of Medical Sciences (PIMS) with PAIMAN support. Another batch of 17 tutors will be trained in May 2009 at PIMS. Nurses are getting training at Abuzar Institute in Karachi. Orientation workshops have been conducted for all CMW tutors in the province. Teaching aids, computers and office equipment procurement under process.

32.In Balochistan, 247 CMW students are under training (including 24 with PAIMAN and 80 with UNFPA support). In addition, 95 CMW have already completed their training. Eight to 15 CMW schools are functional in Balochistan (Khuzdar, Noshki, K.S.ullah, Sibi, Turbat, Quetta, Loralai and Dalbandin). Construction of the CMW School in Dalbandin and hostel at Gawadar started. The prequalification for the construction of new CMW schools in DM Jamali, Laoralai (hostel) and Qila Saifullah (hostel) has been completed. In the AJK, 136 CMWs are under training and 148 planned for 2009/10. Three midwifery schools are made functional. In FATA, 84 CMWs are under training including 51 with PAIMAN support. Two MW schools will be made fully functional for which tutors have been recruited.


33.In Punjab, 70 trainers have been trained in facilitators’ training for Integrated Management of Newborn and Childhood Illnesses (IMNCI) (48 by UNICEF and 22 by MNCH Program). Thirty-six IMNCI training courses (each lasting 11 days) have been conducted for 1002 health staff (570 by UNICEF, 224 by MNCH Programme and 130 by PAIMAN). MNCH Programme is initially focusing on 12 districts. Four workshops have been conducted on Essential Newborn Care in collaboration with UNICEF for staff of District Shiekhupura, Kasur and Nankana. In addition to master trainers trained at PIMS, 103 lady doctors (gynaecologists and WMOs have been trained as master trainers in four EmoNC trainings. Nine EmONC training courses have been organized in which 201 staff were trained including 151 WMOs, 17 nurses and 136 LHVs. Five hundred EmONC Manuals have been printed for training.

34.In Sindh, 57 Master Trainers Trained in IMNCI with the help of UNICEF. 438 health Staff have been trained during an 11 days course (including 183 by UNICEF, 49 by PAIMAN and 20 by WHO support). 29 master trainers have been trained to impart EmONC training. Nine hundred ninety-three health staff have been trained on EmONC (including 768 by UNICEF and 21 by WHO).

35.In the NWFP, 144 health-care providers have been enrolled in an 11- day clinical course on IMNCI. Health-care providers in Abbottabad have already been trained on IMNCI with WHO and UNICEF support (Pilot phase). One hundred and fifty-one health providers have been trained on EmONC in six training courses.

36.In Balochistan, two IMNCI Facilitator training courses have been conducted. Four IMNCI training courses have been conducted in Quetta and Turbat and six EmONC courses (two in Qatar hospital Karachi, one at Turbat and three at Quetta). Three hundred and fifty-four health providers were trained on EmONC

37.In the AJK, one provincial master trainer workshop and five district workshops were organized for IMNCI in which 83 staff have been trained. One provincial master trainer workshop and two district workshops were organized for EmONC in which 38 staff were trained. One provincial master trainer workshop and two district workshops were organized for ENC in which 17 staff were trained. Two EmONC monitoring workshops were held in which 40 staff were trained.

38.In FATA, in ten trainings, 206 health providers have been trained on IMNCI. One IMNCI facilitator training course was conducted in which 12 doctors were trained. Two training courses on EmONC were conducted in which 60 staff were trained.

Establishment of district management units

39.In Punjab, 28/35 district management units are fully established. Twenty-eight public health specialists, Thirty-four social organizers and 34 account assistants are recruited for district management units. In Sindh, District Management Units’ staff appointment is under way and ten units are to be functional by end of 2009. Computers and other equipments are already procured for provincial and district offices. In the NWFP, focal persons have been notified in all districts. District Management Units are being established and staff recruitment is under process. In Balochistan, focal persons have been notified in all districts. In the AJK, District Management Units have been established in all districts. In FATA, District Management Units have been established in all agencies.

Federal level functions

40.A Monitoring and Evaluation Cell (M&E Cell) has been established in the Programme Implementation Unit (PIU). Planning, Monitoring and Evaluation framework and Communication Strategy have been developed. CMW’s and Health facility based supervisory checklists has been developed and field tested. Additional resource mobilization for the programme i.e., NPPI and GAVI-HSS has been made. Enhanced coordination with organizations working on MNCH.


41.For the Fiscal Year 2006-07, Rs. 100.000 million have been allocated. Subsequently for the Fiscal Year 2007-08, Rs. 1160.000 million have been allocated. For the Fiscal Year 2008-09, Rs.1965.000 million have been allocated.

Question 8. Please provide an update on concrete measures taken to assess the scope of violence against children, including sexual abuse and gender based violence, and indicate whether a comprehensive strategy and effective measures and policies have been adopted.

42.The scope of violence against children and sexual abuse is being assessed through the Child Protection Management Information System (CPMIS). A cluster report on child abuse has already been compiled. One of the major steps taken to assess the violence against children in Pakistan was to conduct a Knowledge, Attitudes and Practices (KAP) study in 2008. The main objectives of the KAP study were the following:

(a)Assessment of the duty bearers and their awareness of child protection rights and of their obligations, their knowledge about child protection rights and how the knowledge and or the lack of knowledge translate in attitudes and behaviours/practices;

(b)Determination of factors that influence awareness of the Convention on the Rights of the Child among duty bearers and right holders;

(c)Assessment of children themselves to see, if they are aware of their protection rights and of their correlative obligations. What are their knowledge, attitudes and practices to ensure that their rights are respected, protected and they respect other children’s rights;

(d)Clear recommendations for child protection rights and awareness raising campaign targeting both the duty bearers and right holders.

43.Based on the finding of this KAP study, a national awareness-raising campaign against Child Abuse was launched all over the country by NCCWD with the support of UNICEF in 2008. A comprehensive National Plan of Action for Children, 2006 has been prepared to address the issues of violence against children, child abuse and gender-based violence. To sensitize the policy makers and parliamentarians on the issue of violence against children, a child protection toolkit was prepared and distributed.

44.The NPA has a separate Chapter on Child Abuse. In order to implement the NPA, a cell has been established in the NCCWD for developing implementation mechanism in collaboration with district governments.

45.In order to coordinate the implementation of the National Plan of Action on CSAE at the national level, a Core Group against Child Sexual Abuse and Exploitation has been set up comprising local and international NGOs working on Child Rights and sexual exploitation i.e the Pakistan Pediatric Association (PPA), Sahil, Rozen, SACH, World Vision International, Save the Children Sweden and Save the Children UK- which is responsible for providing advice and technical support for implementing the NPA.

46.A group of civil society organizations has been formed to work against child sexual abuse and exploitation. The group has nine partners and is called IMTIZAJ. It was initiated by a civil society organization, Sanjok with €1.5 million in 2006 for a period of three years. The group is working to assess and address the child sexual abuse in close coordination with NCCWD.

47.The NCCWD organized an international workshop in May, 2008 to develop an operational plan for NPA implementation including monitoring indicators and identification of resources in selected thematic areas in partnership with ECPAT. Representatives from Federal and Provincial Governments, AJK and Northern Areas and Civil Society Organizations have participated in the workshop.

48.Pakistan’s national report on commercial sexual exploitation of children (CSEC) and child sexual abuse (CSA), to be presented at the Third World Congress against Sexual Exploitation, held in Brazil in November 2008, reflects national preparation as well as progress made in five core programme areas of NPA after the 2001 Yokohama Global Commitment and Plan of Action.

49.A Child Protection Unit (CPU) is being established in the Gender Crime Center at the National Police Bureau to assess the scope of violence against children and formulate a comprehensive strategy.

50.The draft National Child Protection Policy also addresses the issue of violence against children comprehensively.

51.Regional consultation for the Secretary General’s Study on Violence against Children in 2005 was hosted by the Government of Pakistan. The regional Secretariat of the South Asia Ministerial Forum for ending violence against children was set up at the NCCWD was established in 2006. The first meeting of the Forum was held in 2006 addressing child marriages and corporal punishment. The meeting was attended by ministers responsible for children affairs from South Asia. After hosting the Forum for two years, its secretariat has been moved to Nepal.

52.To address the problem of trafficking of children both at the internal and external levels, a situation analysis is currently under way. The NCCWD has already incorporated a provision in the Child Protection (Criminal Law Amendment) Bill, 2009 to criminalize internal trafficking. Based on the situational analysis a manual will be developed for the parliamentarian on child trafficking. To assess the extent of children affected by armed conflicts, a situational analysis of the Children Affected by Armed Conflicts has been under taken. It will help to frame a National Strategy for the Protection of Children Affected by Armed Conflicts. The NCCWD is conducting both the above-mentioned studies with the help of UNICEF.

53.The Ministry of Women Development formulated the National Policy for Development and Empowerment of Women in 2002. It specifically contains a section on violence against women indicating following key policy measures for ending violence against women, by: -

(a)Adopting a zero tolerance policy regarding violence against women;

(b)Declaring ‘honour killings’ as murder;

(c)Reviewing and revising police and medico-legal procedures;

(d)Introducing positive legislation on domestic violence;

(e)Reviewing Government policies for women’s shelters, and improving shelters for women in the public and private sectors and promoting direct interaction and cooperation of all institutions/departments;

(f)Establishing family protection programmes at district level that provide women legal and psychological counselling and referrals to medical and legal aid mechanisms;

(g)Undertaking police reforms to increase the number of women in the police. Providing training to them and increasing women’s sections in all police-stations which are fully equipped to deal with cases by having legal and medical officers and required facilities; and

(h)Sensitizing all the police force on issues of violence against women.

54.Moreover, discriminatory laws against women are being constantly reviewed and amended to strengthen the effort for protection of women's rights, in line with the commitment made under the United Nations Conventions such as the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. The Criminal Law Amendment Act, 2004; Code of Criminal Procedure (Amendment) Ordinance, 2006; and Protection of Women (Criminal Laws Amendment) Act, 2006 are major achievements for protection of women's rights and elimination of violence against women. Two Bills entitled "Protection against Harassment at Workplace Bill, 2009" and "Criminal Law (Amendment) Bill, 2009" have been introduced in the parliament after the approval of the Cabinet, to address the issue of sexual harassment of women at the workplace in the public and private sectors, whereas, the " Domestic Violence against Women and Children (Prevention and Protection) Bill, 2009 has been introduced in the National Assembly to provide legal mechanism for protection of victims of domestic violence.

55.One of the aspects of child abuse is the menace of child marriages in the country. The Ministry of Religious Affairs (MoRA) is considering to raise the age to 18 years for girls as well by amending the Child Marriages Restraint Act 1929. The MoRA has sought comments from the provincial governments on the issue. The NWFP Government has agreed with the proposal. After receiving the written confirmations from the all provinces the summary for amendments to the Child Marriages Restraint Act 1929 will be moved to the Federal Cabinet.

Question 9. Please indicate whether the amendments to the Zina and Hadood Ordinance have brought them in full compliance with the principles and provisions of the Convention. Has a zina-related or hadood related sentence been pronounced against a child during the reporting period?

56.The Protection of Women (Criminal Laws Amendment) Act, 2006 has been enacted on 1st December 2006 to provide relief and protection to women against misuse and abuse of law and to prevent their exploitation. The object of this is to bring the laws relating to Zina and Qazf, in particular, in conformity with the stated objectives of the Constitution of the Islamic Republic of Pakistan. This Act is providing 30 important amendments in the existing ‘Offence of Zina and Qazf (Enforcement of Hadood Ordinance 1979)’, the ‘Pakistan Penal Code (Act XLV of 1860)’, the Code of Criminal Procedure 1898 (Act V of 1898)’, and the ‘Dissolution of Muslim Marriages Act 1939’. It is pertinent to note that the amendments in Hadood Ordinances are in line with the principles of the Convention on the Rights of the Child. As a matter of fact, the Women Protection (Criminal Law Amendment) Act, 2006 was drafted while keeping in mind the principles of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child.. Women have been granted relief by amendment in Section 497 of CrPC so that they can claim bail as a right in all cases except, terrorism, financial corruption and murder.

57.Children have been convicted under the Zina and Hadood Ordinance during the reporting period. However, their number remains very low. As on 31 December 2008, there were 15 juveniles convicted under different sections of the Zina and Hadood Ordinance. It is indeed important to note that on the above-mentioned date there were total 153 convicted juveniles all across Pakistan.

Question 10. Please explain the difficulties encountered in implementing the education policy, with a special focus on structural, coordination and/ or management issues, and indicate whether the State party has been able to fully utilize the resources allocated to education within the fiscal years covered by the reporting period. Please, also inform the Committee on measures taken to address the high number of out of school children.

Difficulties encountered in implementing the education policy

58.There are two fundamental causes for the weak performance of the education sector:

(a)A lack of commitment to education - a commitment gap;

(b)An implementation gap that has thwarted the application of policies.

The two gaps are linked in practice. A lack of commitment leads to poor implementation, but the weak implementation presents a problem of its own.

59.Education is a concurrent subject as provided in Fourth Schedule of the Constitution of the Islamic Republic of Pakistan. The Federal Government formulates the policy while the Provincial Governments are required to implement it. The budget has reasonably been utilized. A very small portion of the allocated resources has not been utilized due to some structural and governance issues.

60.The implementation problems as one of the two main underlying causes of poor performance of the education sector can be traced to several types of governance problems, which need to be addressed:

(a)Absence of a whole-of-sector view;

(b)Lack of policy coherence;

(c)Unclear roles in fragmented governance;

(d)Parallel systems of education (public-private divide);

(e)Weak planning and management;

(f)Lack of stakeholders participation.

61.The National Education Policy 2009 (draft) addresses these problems faced by the sector, such as:

(a)Its weak linkages with other education sectors and the labour market;

(b)Deficiencies in the governance of the sector including the fragmented governance structure, a coordination mechanism between higher education, school education and technical;

(c)The need to expand supply of technical skills of good quality.

62.Further, the policy analyses problems and issues hampering the development of education in Pakistan and outlines a wide range of reforms and policy actions to be taken and pursued in a coordinated federal and inter provincial process

Measures taken to address the high number of out of school children

63.Poor and disadvantaged children are being provided with incentives in the form of food, nutrition and edible oil etc. Budget for education is being enhanced from the existing 2.2 per cent to 4 per cent of GDP. For the promotion of girl education a project has been implemented in collaboration with UNFPA. Under the project existing girl primary schools have been renovated and incentives provided to the girl child of deprived families enabling them to continue their education. With the assistance of National Commission for Human Development (NCHD), 22000 Feeder schools (grade-I-II) are being started in selected districts of the country. Free text books are being provided to all students of the primary school. Primary education in the public sector is almost free. Around 13000 non formal basic education schools have been opened for out of school children. The said number is likely to increase to 20000 in the next two years. The Compulsory Primary Education Act has been enacted in three out of four provinces of the country as well as in Islamabad Capital Territory. Under the President Education Sector Reforms (PESR) programme primary schools are being rehabilitated by providing missing facilities. Pay package of primary education teachers having higher qualifications is being made more attractive to attract better qualified teachers so as to improve the quality of education. A number of primary education development projects have been launched in collaboration with international development partners to increase the enrolment and reduce dropout.

Question 11. Please provide information on the concrete measures taken by the District Vigilance Committees to ensure the effective implementation of the Bonded Labor System (Abolition) Act (1992) and the results achieved. Please indicate whether the Anti-Corruption Strategy has contributed to improving the implementation of the Act.

64.The District Vigilance Committees (DVCs) as provided in the Bonded Labor System (Abolition) Act, 1992 have been formed in many districts. The civil society organizations have also been given membership of such committees to make them effective. The Federal as well Provincial Governments are working vigorously to improve the response to bonded labour in general and children involved in that in particular. The Sindh Government set up a separate ministry for bonded labour which is actively working for the elimination of the problem from the province. Ministry for Bonded Labor is coordinating with civil society organization as well for a holistic approach for the elimination of this menace from the province.

65.As a matter of fact, the DVCs have not been functioning properly. The Federal Government is trying to make the Committees effective through their restructuring according to the existing system of local government and organizing orientation sessions for the DVC members. However, still there are problems in the enforcement of the Act. To make law effective and implement-able, the Ministry of Labor is going to review the law.

66.Alternatively, through the National Policy and Plan of Action for Abolition of Bonded Labor, free legal aid services are being provided to the bonded labourers in the provinces of Punjab and N.W.F.P by Legal Aid Services Units (LASU) established in Lahore and Peshawar. The Toll free help lines have been established through which the complainants can register their complaints in LASUs. The complaints received by LASUs are scrutinized by the law Officer. After scrutiny, further action is taken on the complaints to provide relief to the aggrieved bonded labourer. Through this system, so far, relief has been provided to 346 bonded labourers. Similar services have recently been started in the provinces of Sindh and NWFP.

67.The Punjab Government has set up a special programme for the freedom and welfare of bonded labourers in the province. It has allocated Rs. 40 million for that purpose which is a big amount in such a difficult time. This amount is being utilized to provide small grants to freed bonded labourer to earn a livelihood. The emphasis of the programme is to provide such grants to women. It has set up legal aid centre with a toll free help lines to help bonded labourers in the province.

68.Additionally, during the last year alone, it has helped over 11000 brick kiln workers to get National Identity Cards and have them listed in voter lists. The Punjab Government has started a drive to register all brick kiln in the province under the Factories Act 1934. Most of the bonded labourers in Punjab are confined to these brick kiln. By registering them under the Factories Act 1934, the employers will have to extend the benefits to the workers as provided under the law. The Department of Labor of Punjab has so far registered 3456 brick kilns in the province. It is believed that only a few hundred of such brick kilns are left. The Government is determined to register all such establishments by the end of this year. All these steps have made a considerable impact on the extent of bonded labour in the country.

Question 12. Please inform the Committee on the status of implementation of the Juvenile Justice System Ordinance (JJSO) clarifying whether the implementation rules have been laid down, the required infrastructure and Juvenile courts set up and the conflicting legislations amended across the country.

69.The promulgation of the Juvenile Justice System Ordinance (JJSO) 2000 is a milestone with reference to the reformation of the juvenile delinquents in the country. All four provinces as well as the Islamabad Capital Territory (ICT) Administration had notified rules for implementation of JJSO by 2002. The AJK has promulgated the Juvenile Justice System Act 2003. The JJSO has been extended to FATA, PATA and Northern Areas through notification. The Provincial Governments have further established Juvenile Courts by vesting powers to the Courts of Sessions Judges at the District level and in some districts to First Class Magistrates.

70.It is pertinent to note that the Lahore High Court struck down the JJSO in 2004. However, the Federal Government went to the Supreme Court against the decision of the Lahore High Court in 2005. In response to the Federal Government’s petition, the Supreme Court restored the JJSO through a short order. It was decided by the Supreme Court that the case will be taken up later. The case came up for hearing on 19 May 2009. Since then there have been number of hearings on the issue. Though the Supreme Court has not yet decided the matter, it is strongly felt that it will restore the JJSO very soon. The last hearing of the case was on 23 July 2009 when it was adjourned.

Question 13. Please indicate the issues affecting children that the State party considers to be priorities, requiring the most urgent attention with regard to the implementation of the Convention.

71.The following issues are considered as priorities:

Birth Registration


Corporal punishment

Low enrolment and high dropout ratios

Child Labour

Child pornography

Child Sexual Abuse and commercial Sexual Exploitation of Children

Children affected by HIV/AIDS


Children in emergencies

Child Marriages

Children in conflict with Law

Children affected by armed conflicts


1. Under this section, the State party is invited to briefly (three pages maximum) update the information provided in its report with regard to:

New bills or enacted legislation;

New institutions;

Newly implemented policies;

Newly implemented plans of action, programmes and projects, and their scope.

72.The updated information is as follows:

New bills or enacted legislation

Child Protection (Criminal Laws Amendment) Bill, 2009

National Commission on the Rights of Children Bill, 2009

The Charter on the Child Rights Bill, 2009

The Child Marriages Restraint (Amendment) Bill, 2009

The Criminal Law Amendment Act, 2004

Code of Criminal Procedure (Amendment) Ordinance, 2006

Protection of Women (Criminal Laws Amendment) Act, 2006

The Punjab Destitute and Neglected Children Act, 2004

The NWFP Child Welfare and Protection Bill, 2009

Sindh Child Protection Authority Bill, 2009

The AJK Child Protection Authority, Bill 2009

Protection against Harassment at Workplace, Bill, 2009

Domestic Violence against Women and Children (Prevention and Protection) Bill, 2009.

New institutions

National Child Protection Center, Islamabad

Child Protection Center, Turbat, Balochistan

Child Protection Centre, Quetta, Balochistan

A Child Complaint Cell set up at the Ombudsman’s Secretariat with its chapter in provinces as well

Child Protection and Welfare Bureau in Punjab with five Child Protection Institutions in five major cities for the welfare and rehabilitation of destitute and neglected children (2004 to 2009)

The Ministry has established a Trust for the rehabilitation of Children affected by Armed Conflicts. Rs. 100 million has been allocated by the government as seed money

Benazir Income Support Programme (BISP)

73.Benazir Income Support Programme (BISP) has been initiated by Government of Pakistan with initial allocation of Rs.34 billion (US $ 425 million approximately) for the year 2008-09 which is the third largest allocation in the total budget and is 0.3 per cent of the GDP for the year 2008-09. The Programme has been initiated to partially offset the impact of inflation on the purchasing power of the poorer sections of the society. In the year 2007-08 the sharp rise in oil prices and primary products in the international as well as in the domestic market resulted in a double digit inflation rate, which has almost halved the purchasing power of the people. Hence there is an urgent need for direct and speedy relief to the poor segments of the society and BISP is the response to the above compulsions. The Programme is aimed at covering almost 15 per cent of the entire population, which constitutes 40 per cent of the population below the poverty line. A monthly payment of Rs.1000/ per family would increase the income of a family earning Rs.5000 by 20 per cent. BISP will cover all four provinces including FATA, the AJK, FANA & ICT. Husband, wife and dependent children constitute a family .

Newly implemented policies

National Health Policy

Policy for Infant Young Child Feeding (IYCF)

Newly implemented plans of action, programmes and projects, and their scope.

New Programmes/projects

National Child Protection Center, Islamabad

Child Protection Center, Turbat, Balochistan

Child Protection Centre, Quetta, Balochistan

A Child Complaint Cell set up at the Ombudsman’s Secretariat with its chapter in provinces as well

Child Protection and Welfare Bureau in Punjab with five Child Protection Institutions in five major cities for the welfare and rehabilitation of destitute and neglected children (2004 to 2009)

Benazir Income Support Programme (BISP)

The Ministry has established a Trust Fund for the rehabilitation of Children affected by Armed Conflicts. Rs. 100 million has been allocated by the Government as seed money

Prime Minister Program for Prevention and Control of Hepatitis in Pakistan (2005-2010)

National School Nutrition Programme

Nutrition through Primary Health Care (PHC)

Micro Nutrient Deficiency Control Programme

National Skills Strategy 2008-2013

President’s “Funni Maharat Programme”

Prime Minister’s “Hunarmand Pakistan Programme”

On-going Programmes and Projects in Education Sector

The Government is making serious efforts to improve the access and quality of education by enhancing educational facilities within the minimum possible time. The Government has launched various milestone oriented policies according to educational development phases and status. The present status of implementation of the policies, and subsequent main plans, programmes and projects in the education sector for boosting up the educational development and system is briefly presented below:

The Government is providing free textbooks in all Public Schools up to Primary level. Furthermore, to promote female participation at Primary level, the Government has endowed incentive to female students in the shape of scholarship (Rs. 200 per month)

The Government has taken several substantial initiatives for teacher’s education and professional development. During fiscal year 2007-08, 20660 Elementary School Teachers had been trained

The existing Scheme of Studies for Classes I-XII has been revised to make education purposeful, job oriented and at par with international standards. The salient features are:

Early Childhood Education has been made a part of the new Scheme of Studies for the children of four and above years of age

Islamiyat will be taught as a separate compulsory subject from Class-III to XII. In addition, Advanced Islamic Studies has been included at Secondary School Certificate (SSC) and Higher Secondary School Certificate (HSSC) levels in Humanities Group

Arts and Crafts, and Library have been included to provide for foundation skills and activities at Primary and Middle levels

English is to be taught from class-I onwards as a compulsory subject alongside Urdu

At Middle level, computer education (Applied Technology) has been included. All Middle Schools will have computer Laboratories in three years' time to be able to teach Computer Education from Class-VI. A new Science Group of Computer Science has been included at HSSC level

Medium of instruction for all science subjects will be English

The Ministry of Education and UNICEF Islamabad have signed an Annual Work Plan in January 2008, amounting to US$ 555,000 for the year 2008, which aims at improving the survival, development, protection and participation of children in pre‑primary and primary education

In order to implement the new Scheme of Studies, the National Curriculum of I-XII classes has been developed in 23 subjects

Instead of a combined examination, yearly examination system at Secondary School Certificate level has been reintroduced with effect from 2008 examinations. It had also been decided that the academic session will again end in March as before and start from April

The Ministry of Education has prepared for the first time the curriculum for ‘Literacy’, which focuses on income generating skills. The subject was included in the Scheme of Studies 2006. The Curriculum of Environmental Studies for Classes IX-X was developed and notified in consultation with the concerned Provincial Education Departments for its implementation

To implement a decision of the Cabinet, the National Textbook and Learning Materials Policy and Plan of Action was notified of the prime objective of introducing multiple textbooks with the involvement of private sector publishers and to ensure timely availability of textbooks before the start of each academic session

The quality of students has been assessed in the subject of Mathematics of grade-IV and in Science and Social Studies of grade-VIII under the “National Education Assessment System” project

Part III

Data and statistics, if available

Question 1. In the light of article 4 of the Convention, please provide updated data on budget allocations for children and analysis of trends for the years 2007, 2008 and 2009 on education, health, social services and child protection at the federal and provincial level, as well as in the Northern area. Please, also indicate the percentage of the budget that derives from financial assistance and international cooperation.

Education expenditure

74.The budget allocation in this sector has increased by 8.6 per cent in 2008-09 as against an increase of 17 per cent in 2007-08. An allocation of Rs.6508.78 million was made in Public Sector Development Programme (PSDP) for the Ministry of Education during financial year, 2007-08. However, the original allocation was reduced to Rs. 4384.94 million whereas Rs.3788.06 million were got released. In addition to this, The Government has also released Rs.525 million, which made the total release Rs. 4313.6 million for the financial year 2007-08. PSDP allocation for the financial year (2008-09) stood at Rs.6269.652 million due to financial constraints and has been reduced by 33 per cent to Rs. 4162 millions. Out of total expenditure on education around 43 per cent is spent on primary education, whereas around 23 per cent is utilized for secondary education.

Health expenditure

75.The main modes of health financing in Pakistan is public sector and 0.5 per cent of its GNP is spent on health. The Government recognizes the need to enhance allocations in this area and mainstreaming alternative approaches to health financing. Public sector’s fiscal allocation was increased from Rs. 60 billion in 2007-08 to Rs. 74 billion in 2008-09. Of which Rs.33.00 billion were development and Rs 41.10 billion as current expenditure. During this time, the Government spending on health as a percentage of the GNP stood at 0.55 per cent which in term of GNP spells a 23 per cent increase over last year. Out of the total expenditure on health, around 70 per cent is utilized for women and children.

Budget allocations for social security and social welfare

76.The allocations for social security and social welfare include expenditure for the child protection as well, however, there is no segregated data available.The total budget allocation for the year 2006-07 was Rs.718.000 million and for 2007-08 was Rs.5249.000 million in this sector. The figures show an upward trend in allocation for this sector.

The Budgetary allocation for education, health and social security and welfare sectors

Budgetary and non-budgetary expenditure by sectors

FY 2006/07

FY 2007/08









63 140

8 213

71 353

69 364

4 067

73 431


20 051

3 170

23 221

31 071

6 880

37 951


17 854

1 593

19 447

20 836

2 176

23 012


6 611


7 223

7 072


7 496


107 656

13 588

121 244

128 343

13 547

141 890



18 683

3 433

22 116

20 828

3 956

24 784


7 254

1 456

8 710

10 123

1 436

11 559


5 219


5 979

5 033


5 855


2 164


2 307

2 231


2 450


33 320

5 792

39 112

38 215

6 433

44 648

Social Security and Social Welfare




1 013

1 860


2 573




1 236


9 727

10 610




1 324












2 247

1 548

3 795

3 127

10 566

13 693

Question 2. Please elaborate on the impact of the financial crisis on the resources allocated for children and indicate whether the state party has been able to meet its commitment to increase allocations to education to 4 per cent of GDP by 2008-2009 and to increase annually the allocations to the health sector by 16 per cent.


77.Public expenditure on education as a percentage to GDP is lowest in Pakistan due to fiscal resources constraints that paved the way to synchronization in terms of GDP allocation. The trend of investment on Education in terms of GDP has been 2.50 per cent and 2.47 per cent in the years 2006-07 and 2007-08 respectively whereas, it is estimated to be 2.10 per cent during the year 2008-09. It is on the lower side in accordance to its requirement given the importance of the sector but seems appropriate in terms of the current financial situation of the economy. The education spending in terms of GDP was 1.82 per cent and 179 per cent in the year 2000-01 and 2001-02 respectively.

78.The new National Education Policy (draft) addresses this issue. A significant aspect of the draft National Education Policy, 2009 is the policy of increasing the total education expenditure from the current less than three per cent of GDP to 5 per cent of GDP in 2010 and then to 7 per cent by 2015.


79.The public spending on health sector remain above 0.5 per cent of the GDP during the period from 2000-01 to 2008-09. The Government recognizes the need to enhance allocation in this area and mainstreaming alternative approaches to health spending. However, the public sector’s fiscal allocation was increased from Rs 60 billion in 2007-08 to Rs 74 billion in 2008‑09, off which Rs.33.00 billion were for development and Rs 41.10 billion as current expenditure. During this time, the Government spending on health as a percentage of the GDP stood at 0.55 per cent which in term of GNP spells a 23 per cent increase over last year.

80.The present Government has taken several policy initiatives to fulfil its commitment to meet the health care needs of the people of Pakistan. This has necessitated reformulating a new national health policy with the vision to provide efficient, equitable and quality health-care services at the door steps of the population. The Health Policy 2009 has focused on preventive programmes targeting poor and disadvantaged groups of communities. The reforms proposed in the policy have addressed inadequacies in primary and secondary health-care services and laid down an agenda for improvement in the district health system, including the removal of professional and managerial gaps and distortions. These elements will continue in the context of paradigm shift from health- care reforms to wider health sector linkages with social determinants of health. The draft National Health Policy 2009 has focused on health sector investments as part of poverty alleviation, and accords priority to primary and secondary health-care services.

Question 3. Please provide data on complaints received by the NCCWD disaggregate by age of the victim, sex, and types of violation reported for the years 2006-2007 and 2008. Have any complaints been received for discrimination against children based on race, sex, religion, national, ethnic or social wring, or any other ground mentioned in the Convention.

81.The NCCWD is not receiving such complaints as it is an advisory body to the Government of Pakistan on matters related to child rights and protection. However, a Child Complaint Cell has been recently set up at the Ombudsman’s Secretariat at Federal level.

Question 4.With reference to children deprived of a family environment and separated from their parents, please provide disaggregated data (by sex age groups ethnic groups, urban and rural areas) for the years 2006, 2007 and 2008 on the number of children

82.The data on the number of children separated from their parents and those placed in institutions is as follows:

(a)Separated from their parents






1 854


2 015


2 530


2 848


4 277


4 414

(b)Placed in institutions (give the number of institutions of the country)

83.There are 8,356 children deprived of their family environment placed in 92 institutions all over the country. In the NWFP, 17 institutions housed 2,510 children, whereas in Sindh, 23 institutions housed 1681 children. In Punjab, 3,955 children placed in 49 institutions, whereas in Balochistan, 170 children placed in two institutions. In Federal Administered Tribal Areas 40 children placed in one institution.

(c)Placed with foster families

Number of children placed with foster families







Question 5. Please provide data on the number of prosecutions, convictions, and sentences passed under the Bonded Labour System (Abolition) Act, 1992 during the reporting period.

84.There is no centralized data processing system to determine whether there have been any convictions under the Bonded Labor System (Abolition) Act, 1992. Mainly the bonded labour issues are raised in District and Session Courts through habeas corpus petitions.

Question 6. Please provide data for 2006, 2007, and 2008 on the number of children victims of sexual exploitation, including prostitution, pornography and trafficking, and the number of those children who were provided access to recovery and social integration services. Please also provide data on the number of investigation, prosecution and punishment of the perpetrators.

85.The data for 2006, 2007 and 2008 is as follows:

Sexually abused children in urban areas





No. of Cases




Sexually abused children in rural Areas





No. of Cases

1 092

1 652

1 500

Gender wise sexual abuse








1 612


1 297

1 794


Number of children victim of internal trafficking 2007-08 and 2008-09

Name of Province




1 217









1 316


86.UNICEF and the Government of Punjab in collaboration with the Overseas Pakistani Foundation (OPF) are helping and coordinating the repatriation of Camel Jockeys from UAE to Pakistan. The Government of Punjab has set up a Child Protection and Welfare Bureau where these children are stationed. These children are handed over to the parents by the competent court as per law.

Human smugglers/traffickers arrested (2005-2008)







1 006

1 462

1 526

1 642

Question 7. Please provide statistics on the number of children deprived of their liberty, disaggregated by province and regions, by age, sex and type of institution they are detained in, and penalties imposed.

87.As compared to many other countries in the world, Pakistan has a fewer number of children in criminal litigation. In addition to that, since the promulgation of the Juvenile Justice System Ordinance 2000, children receive the lenient treatment from the courts all over the country. At a given time approximately 9000 to 10000 children remain in criminal litigation with the majority of them released on bail at their first appearance in the court.

88.The number of children in detention has seen some positive trends during the last six years. Their number in detention is gradually decreasing. The table below shows juveniles deprived of liberty by province, and gender:-

Province-wise Juveniles deprived of liberty in Pakistan as on 31 December 2008






Grand Total














Dec. 2008














Gender-wise, trial-wise juveniles deprived of their liberty in Pakistanas on 31 December 2008




Total male

Total Female

Grand Total





December 2008

1 626




1 779


1 788

89.Over 70 per cent of the juvenile prisoners are over the age of 15 years. Children in survival offences are often released on their first appearance before the court. Out of the total 153 convicted juvenile prisoners 121 are over the age of 15 years while the remaining 32 are over the age of 12 years.

90.Over 95 per cent of all the convicted juvenile prisoners are housed in exclusive Borstal Institutions and Youthful Offenders Industrial Schools. There are two Borstal Institutions in the Punjab province while there are two Youthful offenders Industrial Schools in Sindh for the rehabilitation of juvenile prisoners. The NWFP Government has set an Adolescent Training Centre at Central Jail Haripur for the juvenile prisoners. In addition to that, Sindh Government has set up a Remand Home for the under-trial juvenile offenders in Karachi. In all other places, juveniles are detained in juvenile cells within the District or Central Jails. Other male prisoners are not allowed entry into such juvenile cells. The NWFP Government has built a new Borstal Institution at Bannu which will be operational soon. The provincial government has allocated funds to that effect as well.