The Ministry of Human Rights has forwarded its report to the Ministry of Foreign Affairs pertaining replies to the list of issues and additional questions on Pakistan's fifth periodic report to the UN Convention on the Rights of the Child (UNCRC). Talking to Business Recorder on Saturday, State Minister for Human Rights, Barrister Zafarullah Khan reiterated that the government shall avoid any delay to fulfill its international commitment so all Human Rights reports to UN would be submitted timely by all means.
It is wroth mentioning that the UN Committee on the Rights of the Child, Geneva has sought response from Pakistan to the additional questions on the fifth periodic report before March 01. Currently, Ministry of Foreign Affairs is examining the report before its onward submission to the UN Committee on CRC whereas Pakistan has submitted previous report (4th Report) in the matter in 2009.
Copy of the report available with the Recorder contains details about child rights related legislation promulgated by the federal and provincial governments in post 18th Constitutional Amendment scenario, information on investigation or measures taken to address child abuse cases, especially about child sexual abuse and the issue of death penalty awarded to juvenile offenders, information on issues pertaining to child health, education, labour and protection in the country.
One of the question of the UNCRC Committee is to seek information about implementation of the 1951 Citizenship Act in particular with regard to children belonging to the Bengali, Bihari and Rohingya communities, who, to-date largely remain stateless. Legal expert on Child Right, Sharafat A Chaudhry who has drafted the report told that the Constitution absolutely forbids any sort of discrimination, and in fact Article 33 of the Principles of Policy states, "The State shall discourage parochial, racial, tribal, sectarian and provincial prejudices among the citizens".
Chaudhry said that subject to Foreigner Act, 1946, under Section 4 of the Pakistan Citizenship Act, 1951, every person born in Pakistan after commencement of the said Act, shall be citizen of Pakistan except if the father is considered an enemy of the state or the father has immunity from legal process.
The report said that the birth registration of child takes place at Union Council level under birth registration policy of the National Database and Registration Authority (NADRA) which is an official authority of government to contain and manage all data of each national. Any person, regardless of ethnic or religious identity, can approach the relevant Union Council or NADRA office with a proof that the child is born in the territory of Pakistan for his/her registration. No complaint has been received that birth registration of a person belonging to Bengali, Bihari or Rohingya community has been denied.
The report further explained that under Section 2 of the Foreigner Act 1946, any person is considered a "foreigner" who is not a citizen of Pakistan. Since illegal immigrants have increased manifold in Pakistan which has created numerous social economic problems, negatively impacting security situation in the country. The said Act is amended through the Foreigners (Amendment) Ordinance, 2015. Consequently, the NADRA has given mandate to register the aliens/foreigners in the country under Section 14D of the said Act whereby illegal immigrants/foreigners can get registration and subsequently permit to work in Pakistan.
Sharafat A Chaudhry said that since 2013 the federal and provincial governments have been very active to legislate for protecting child rights. He informed that currently a total of eight bills are under consideration of federal government which are directly related to child protection and welfare including, Criminal Law Amendment Bill, 2016, National Commission on the Rights of the Child Bill, 2016, ICT Child Protection Bill, 2016, Juvenile Justice System Bill, 2016, Christian Marriage (Amendment) Bill, 2016, Divorce (Amendment) Bill, 2016, Hindu Marriage Bill, 2016, Domestic Violence (Prevention and Protection) Bill, 2016.
Giving the details of legislation relating to child rights protection, Advocate High Court Umar Sajjad said that in conformity with the Constitution and international commitments, the provincial governments passed more than 16 Acts since 2013. Sajjad informed that Punjab passed seven, Sindh and KP three each, Balochistan two, AJK one law relating to provision of free and fair education, protection of children from violence, child marriage, and criminalizing child labour especially brick kilns.
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