Universal Children’s Day and the UPR recommendations

By Arshad Mahmood

Universal Children’s Day (UCD) is observed every year since 1956 following a UN General Assembly recommendation. On November 20, 1989 the UN adopted the Convention on the Rights of the Child (CRC) also know as Magna Carta of child rights. This UCD is special as recently Pakistan’s UPR was held at the Human Rights Council in Geneva where the state of child rights in the country was highlighted and a number of countries gave child rights related recommendations. Even if the government accept all child rights related recommendations from the UPR on the occasion of the UCD and take steps for the implementation of these recommendations, the from the state of child rights in the country could be improved considerably.

Pakistan’s review was held in the 14^th Session of the Universal Periodic Review (UPR) Working Group in Human Rights Council (HRC), Geneva, Switzerland on Tuesday October 30, 2012. Foreign Minister Hina Rabbani Khar lead Pakistan’s high level delegation that also included Mr. Mustafa Nawaz Khokar, Prime Minister’s Advisor on Human Rights, Mr. Paul Bhatti, Advisor to Prime Minister on National Harmony, Mr. Riaz Fatyana, Chairman National Assembly Standing Committee on Human Rights, Mr. Araish Kumar MNA to name a few.

Ms. Khar informed the HRC that the recommendations that were accepted by Pakistan in 2008 were widely circulated and that the report shared was prepared through a broader consultative process. She said that there is a robust civil society, independent judiciary, free and active media in Pakistan which is playing a key role in the protection of human rights. She further stated that the reporting period was challenging for Pakistan.

Highlighting some positive developments with regard to human rights in Pakistan, the foreign minister informed the HRC that the UPR has been a catalyst for Pakistan to bring positive changes in legislation, policy and practice. She also informed the HRC that consistent with its long standing commitment to promote and protect human rights, Pakistan ratified the International Covenant on Civil and Political Rights (ICCPR) and Convention Against Torture (CAT) in June 2010. In August 2011, Pakistan ratified the Convention on the Rights of Persons with Disabilities and the Optional Protocol to the Convention of the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography. She mentioned a number of legislative and administrative steps taken by the government in the past four years.

The Foreign Minister’s statement was followed by recommendations by the States. States recommendations mainly focused on five key areas including minorities’ rights, ratification of the UN Human Rights instruments, women and children’s rights, education particularly with a focus on girls’ education and appreciation for the establishment of the National Commission on Human Rights (NCHR).

Some the key recommendations included strengthening and resource allocation for the National Commission on Human Rights (Algeria, Egypt, South Africa, Spain, Qatar, USA), ratification of Convention against Involuntary and Enforced Disappearances and the Optional Protocol to UN Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (Spain, Uruguay, Argentina, Mexico), Extension of standing invitation to HRC’s Special Procedures Mandate Holders (Australia, Belgium, Costa Rica, Hungary, Iraq, Latvia, Norway), a number of countries shared their concerns related to the situation of minorities and the blasphemy laws (Austria, Belgium, France, Spain, Thailand, UK).  

There were a number of child rights related recommendations including Universal free primary education to all children (Thailand); Develop a comprehensive strategy to prevent sexual exploitation of children and their cruel treatment and increase criminal liability for these crimes (Belarus); Continue to develop and enhance programmes to provide education and support to children who have been recovered from militants or extremists, and to help them reintegrate into society (Singapore); Ratify the Optional Protocols to CRC, on involvement of children in armed conflict (Iraq); Ratify the third OP to CRC on a communication procedure (Slovakia); Expedite the adoption of the Charter of Child Rights Bill (Bhutan); Enact efficient legislation to prohibit and prevent the employment of children as domestic workers (Slovakia); Ensure adequate resources in implementing MDGs with priority focus on vulnerable groups such as women and children (Viet Nam); Develop a clear implementation and monitoring plan for the Bonded Labour System (Abolition) Act, 1992, the Bonded Labour System (Abolition) Rules, 1995 and the National Policy and Plan of Action for the Abolition of Bonded Labour, 2001 (Ireland).

Similarly, there were a number of recommendations related to human rights education and training for judicial and law enforcement officials (Uganda, Democratic People’s Republic of Korea, Malaysia). Canada and Austria recommended to take steps to implement laws and policies with a view to eliminating early and forced marriage in particular with a view to ending rape, sexual exploitation and forced conversions of scheduled caste girls. Uruguay recommended adopting all possible measures to prevent and explicitly prohibit in its legal order the recruitment of children and their participation in armed actions and terrorist activities. France recommended prohibiting child labour of minors under the age of 14 while Islamic Republic or Iran recommended developing the Child Protection Management Information System (CPMIS) and advancement in child immunization.

It’s time for the government Pakistan to respond to the recommendations positively and not only accept all children specific recommendations but also immediately take measures to implement the recommendations that will ultimately result in the implementation of the UN Convention on the Rights of the Child. The National Assembly of Pakistan should pass all the pending bills related to child rights including the Charter of Child Rights Bill, the Criminal Laws Amendment (Child Protection) Bill, the National Commission on the Rights of Children Bill, the Child Marriages Restraint Amendment Bill and the Prohibition of Corporal Punishment Bill. Besides, passing the pending bills the federal and provincial governments should increase budgetary allocations in health, education and children specific scheme, programs and projects.

The federal government should help as well as push the provincial governments for investing in children and introducing laws in the remaining few months of all assemblies. It is regrettable that there was no child rights related legislation in some provinces in the tenure of current assemblies. Khyber Pakhtunkhwa and Sindh introduced laws however; implementation of these laws and budgetary allocation is still awaited particularly in the case of Sindh. Balochistan is the only province which has failed to introduce any child rights specific legislation since independence. It’s high time that the provincial assembly pass all pending bills related to child rights particularly the Balochistan Child Protection and Welfare Bill and the Balochistan Right to Free and Compulsory Education Bill.

The writer is a child rights activist and tweets @amahmood72