Universal Periodic review UPR is one of the significant UN mechanism through which a comprehensive overview of human rights profile of each UN member country is periodically made. The Working Group on the Universal Periodic Review (UPR) made the review of Pakistan at the 11th meeting on 30th October 2012 in 14th session. Whereas the Working Group adopted the report on Pakistan its 17th meeting held on 2 November 2012. Many important recommendations in outcome documents have been extended.
After 2014, progress in the procedural and policy terms have been made especially in Sindh such as the Sindh Right of Children to Free and Compulsory Education Act 2013,Sindh Protection and promotion of breast feeding and Nutrition Act-2013 and Child Marriage Restraint Act-2014 (Amendment).
However, Pakistan has yet to implement many important recommendations of international, national and local level. Let’s have an overview of those recommendations.
There are couple of UN treaties and optional protocols mentioned in UPR report which Pakistan has to ratify yet. Optional Protocol to CRC on the involvement of children in armed conflict which prohibits involvement of below 18 years age children in armed forces has not been ratified by Pakistan. The third OP to CRC on a communication procedure is very important protocol which enables the victims of child rights who have failed to seek remedy in national mechanisms to file complain in UN complain mechanism has not been ratified so far despite the fact many victim fail to seek remedy in local and national mechanisms in Pakistan.
Optional protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment establishes a system of unannounced and unrestricted visits to all places where persons are deprived of their liberty by independent international and national monitoring bodies and requires ratifying state to set up a National Preventive Mechanism (NPM) to undertake regular visits to places of detention. In the backdrop of the fact that by 2012, there are reported to be 1,400 children detained in various detention centers of Pakistan, it has been very crucial for government of Pakistan to ratify this protocol.
UPR ask over Pakistan to ratify or accede to the Rome Statute of the international criminal court (ICC). The ICC has very relevance with child rights in many ways. “While defining the crime against humanity of enslavement in Article 7(2)(c), the Statute recognizes that children are a group particularly at risk of being subject to this crime” “The ICC provides a powerful deterrent to the conscription, enlistment, or use in hostilities of children under the age of 15 years”. ICC is an intergovernmental organization and international tribunal that has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes, and war crimes.
Regarding national level obligations, much awaited establishment of National Commission for Human Rights in accordance with Paris Principles has yet be established. NCHR can be a effective coordination point among the provincial Human rights commissions and it can also play effective role in terms of coordination, monitoring and reporting for the implementation of UNCRC and the relevant Optional Protocols. “The National Commission for Child Welfare and Development (NCCWD), within the Ministry of Human Rights, is believed to be responsible for child rights in Pakistan but unfortunately, the NCCWD was established through a resolution in the National Assembly, and has limited human and financial resources, as well as limited powers to prevent and respond to violations of child rights and coordinate and monitor the implementation of the CRC”
UPR lays stress on government of Pakistan to prohibit child labour of minors under the age of 14. Though at national level Employment of Children Act of 1991 ban employment of children below the age of 14 years but in the lieu of the 18t Out of the provinces have to adopt this law. Reportedly 2.58 million children aged between 10 to 14 are involved in child labour in Pakistan.
To sum up, Pakistan should speed up process of implementing the UPR recommendations through the forming and harmonizing national and local laws with international human rights laws. The provincial governments should also speed up the process of child specific law making process. The pending bills such as Balochistan Child Protection and Welfare Bill, K-P Protection of Breastfeeding and Child Nutrition Bill, the Punjab Child Marriages Restraint Bill and enactment of corporal punishment and employment of children in Sindh need to be processed at the earliest.
The writer is manager programs Pakistan Fisherfolk Forum he can be reached at jamilb4u@gmail.com
