INTERNATIONAL Children’s Day, observed on November 20 each year, serves as a global reminder of the importance of protecting children’s rights. In August 2023, Pakistan submitted its consolidated sixth and seventh periodic reports to the UNCRC Committee for examination of its progress on implementing the UNCRC in the country. These reports, due in 2016 and 2021 respectively, were submitted together after delays. The next step involves evaluating Pakistan’s progress based on the State’s report and alternative reports from UN agencies like UNICEF, NHRIs and civil society.
In 2016, UNCRC Committee examined the fifth periodic report of Pakistan and issued its recommendations in its concluding observations pertaining to implementation of UNCRC in the country by addressing the number of child protection thematic areas. In respect of legislation on child protection thematic areas, the Committee observed that despite the Committee’s previous recommendations made in its concluding observations of 2009, Pakistan has not taken sufficient steps to harmonize its legislative framework with the Convention. The Committee therefore recommended that Pakistan should adopt all pending bills in the area of children’s rights and ensure that they are in conformity with the Convention. It also recommended that Pakistan should take measures to harmonize its legislations and regulations with the principles and provisions of the Convention in all areas affecting children, at the federal, provincial and territorial levels.
To address the Committee’s recommendations in its concluding observations pertaining to legislation on the 5th Periodic Report of Pakistan, Pakistan has tried hard to fulfil those recommendations in the country. In the last decade, Pakistan has made outstanding progress pertaining to formulation, enactment and implementation of policies, programmes, campaigns and legislation son various child protection thematic areas, harmonization of domestic legislations with the international standards particularly UNCRC and establishment of child rights monitoring/protection bodies including ratification of various international conventions/protocols concerning children.
Notable child-protection thematic areas, where model policies, programmes, campaigns, administrative actions and legislations were executed by federal, provincial and territorial governments in the last decade inter alia are children in conflict with the law, raising age of criminal responsibility up to 14 years, child trafficking/smuggling, child sexual exploitation/abuse/harassment, rape, child pornography, online harassment/exploitation/violence of children, gender-based violence, corporal punishment, cruelty on children, torture and custodial deaths of children, missing children, street children, children with disabilities, child mortality, child malnutrition and stunted growth, honour killing, child marriages, child labour, birth registration, children education and health issues including establishment of child rights monitoring/protection institutions.
There are some child protection thematic areas which still require the attention of legislators to bring them in conformity with the international standards. These are child marriages, and labour issues. Each province/administrative territory has set its own age of marriage, less than 18 years except Sindh province, where the marriageable age for both boys and girls is 18 years. Similarly, the age of child for involvement in labour is also different in every province/administrative territory. A child as young as 12 years can be exploited in light labour in KP province. Other provinces/administrative territories set the minimum age limit for children to be involved in labour as 14 or 15 years. Because of setting the age limit less than 18 years in domestic laws for solemnization of marriage and involvement in labour, make children vulnerable for committing abuses, neglect and exploitations with them.
In some child protection thematic areas, model legislation was enacted by only a few provinces/administrative territories and remaining provinces/territories still have to enact the legislation on the issue. For example, exclusive legislation on prohibition of corporal punishment upon children was enacted by Sindh, ICT and GB only, whereas other provinces/administrative territories haven’t enacted exclusive legislation on it. Similarly, exclusive legislation to ban child labour at brick kilns was enacted by Punjab and AJ&K only, whereas other provinces/administrative territories haven’t enacted exclusive legislation on it.
Although in some child protection thematic areas, model legislation was enacted by the federal/provincial/territorial governments but their full implementation is still missing. For Example, JJSA 2018 was enacted by the federal govt. applicable on all provinces barring GB and AJK, but provinces except KP have not enacted the rules of this law to date for its full implementation. Likewise, Anti-Rape (Investigation and Trial) Act 2021 enacted by federal government, applicable all over Pakistan, is partially implemented because of enacting its rules for subset of domains it covers and not reconciling its rules with other laws. Another important law Children’s Right to Free and Compulsory Education Act was enacted by all the provinces including GB, but its rules except Sindh haven’t been enacted so far by any province/administrative territory for its implementation.
Notable child protection/monitoring bodies established by federal/provincial governments are National Commission on the Rights of Child, Balochistan Child Protection Commission and Child Protection Unit in Quetta. Likewise, notable conventions/protocols concerning children ratified/acceded by Pakistan are Optional Protocol to the UNCRC on the Involvement of Children in Armed Conflict (OPAC) ratified in 2016 and Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children Supplementing the United Nations Convention Against Transnational Organized Crime (UNTIP Protocol) acceded in 2022.
Recommendations: (1) Uniform Definition of Child: Amend laws defining a child below 18 years to align with UNCRC, particularly for child marriages and labour. (2) Enactment of Rules: Expedite the enactment of pending rules for full implementation of child protection laws. (3) Overriding Effect: Ensure child protection laws override conflicting legislation, addressing overlaps in trafficking and labour laws to prevent legal loopholes. (4) Resource Allocation: Allocate adequate resources for effective implementation of child protection laws nationwide.
—The writer is a former Programme Policy Advisor at National Commission on the Rights of Child, Govt of Pakistan, Islamabad.
(adv.wajahat.ali@gmail.com)
