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Charter of Demands by Child Rights Advocates Assembly
Representation by members of Child Rights Committees from 46 districts
of Pakistan
We, the member of the Child Rights Committee, the subsidiary body of
the Society for the Protection of the Rights of the Child (SPARC),
have gathered here in Islamabad from 46 districts of Pakistan to
review the progress made regarding the child rights laws in Pakistan
and their implementation. We observed the children in Pakistan have
been adversely affected owning to the recent global economic crisis,
rising inflation, recent floods, military operations in Dera Bugti and
Kohlu, Bajaur and Swat. Over 300, 000 children are in miserable
conditions in the earthquake affected children in Baluchistan, the
dismal conditions of children in Bajaur, Swat and FATA , and
approximately 33 IDP camps, lack of support for street children in
Urban areas, involvement of children in armed /tribal conflicts.
Insensitivity to the treatment of children by the law enforcement
agencies is the main hurdle for the realization of the rights of child
in Pakistan. Further more the lack of political commitments for
children both in terms of their Theory (Party manifesto) and practice
by political parties and shows the insignificant attention given to
half of the population of country.
We demand:
To enact the Child Protection Bill pending in parliament since last
three years and implement the National Child Protection Policy (draft)
with immediate approval of the policy.
Children constitute half of Pakistan's Population and there is no
separate ministry or independent commission/authority dealing with
issues of children. The current National Commission for Child Welfare
Development is non-statutory and only an advisory body of government,
which does not provide a redressal mechanism. We demand an effective
Child Protection Authority and/or a separate Children's Ministry
empowered to protect rights of children in Pakistan.
To ratify Two optional protocols to the United Nations Convention on
the Rights of the Child (UN CRC) regarding the sale and trafficking,
and involvement of children in armed conflict, and other relevant
international treaties such as Convention Againstorture(CAT) and
International Convention on the Protection of all Persons from
Enforced Disappearances.
Pakistan is obligated to prohibit employment of children under 14
years in all occupations according to the ILO convention 138 dealing
with minimum age of admission to employment. Also, the employment of
children in hazardous occupations should be completely prohibited for
all children (under 18), in accordance to ILO convention 182 dealing
with worst forms of child labor.
To ensure protection of children affected by displacement through law
and policy (man and natural disasters). Special attention is required
to address and respond to needs of children such as shelter, food,
health, education, re-settlement and reintegration.
To form a parliamentary committee should be constituted to review the
existing laws on children such as Juvenile Justice Ordinance 2000,
Child Marriage Restraint Act 1929, Employment of Children Act 1991,
Compulsory Primary Education Acts and other penal laws to make them
consistent with UN CRC to which Pakistan is a party, and is obligated
to show its compliance.
An experts committee should be constituted to review procedural flaws
in criminal/juvenile justice system particularly homicide laws in
Pakistan regarding killings of young girls in the name of honour,
which are weak, contradictory and allow spaces for mediations over
murder or other related disputes on easy terms.
Repeal of Section 89(c) of Pakistan Penal Code 1860 dealing with
corporal punishment.
Traditional or cultural practices in the name of Jirga or faisla in
which girl child is given as compensation to settle financial
liabilities should be declared illegal and ban imposed on Jirga in
Sindh by Sindh Court Sukkur bench on 24th April 2004 should be
implemented in letter and spirit and its scope should be extended to
whole Pakistan.
Until the relevant amendments in the law are incorporated regarding
the abolition of death penalty, moratorium on the imposition and
execution of death penalty for youth offenders be declared.
Through Standing Operating procedures(SOP),the organs of juvenile
justice system like police, prosecution ,probation ,judiciary and jail
staff be directed to follow the proper procedures at all stages from
arrest, detention, custody, trial and imprisonment. Further more, they
should be trained and sensitized on child rights.
Implement the Provincial Compulsory education Ordinances and raise the
age from primary to elementary education.
Calls for the establishment of exclusive Juvenile Courts as envisaged
in Juvenile Justice System Ordinance 2000. Also, notify panel of
lawyers and allocate adequate resources for free legal aid as
incorporated in Juvenile Justice System Ordinance 2000.
The proposed amendments for FCR in Parliament should include the
abolition of collective punishment clauses and make it in consonance
with other common laws.
To review and amend the Human Trafficking Ordinance 2002, to cover the
internal trafficking affecting children holistically. Children who are
forced in labor, and are trafficked, are not covered by the said
ordinance or Employment of Children Act 1991, and any other sections
of Pakistan Penal Code.
To increase the number of probation officers in all four provinces and
particularly Female probation officers in Sindh and Balochistan. The
budget of Probation and Reclamation Department needs to be increased
to contribute towards reformation and rehabilitation of children.
To amend Employment of Children Act 1991 and create monitoring
mechanism and to include informal sector especially Domestic Child
Labor.
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