Stakeholder Summary >> Pakistan, Review Documentation, 28th Session November 2017

Implementations

• National Report

  Para 7) The MoHR is collaborating with various stakeholders including provincial governments, National Commission on Human Rights (NCHR), National Commission on Status of Women (NCSW), National Commission on Rights of the Child (NCRC) and National Commission for Minorities (NCM) to take policy measures and administrative steps in compliance with Pakistan’s international human rights obligations and fulfill voluntary commitments. Pakistan is continuously moving towards domestication of provisions of international human rights instruments by enacting laws on family, women and child, promoting compliance by law enforcement agencies towards country’s human rights obligations, capacity building of national human rights institutions and collaboration with members of civil society. All these steps have been taken pursuant to Nation Action Plan. Key laws enacted during the last four years include … Anti Rape (Trial and Investigation) Act 2021; and the Protection Against Harassment of Women at the Workplace (Amendment) Act 2022. Para 17) The NCSW, established under the National Commission on the Status of Women Act, 2012 is an autonomous statutory body with powers of a civil court. The basic role of NCSW is to examine and review laws, policies, programmes related to women rights, monitor their implementation and to facilitate/advise the government in the implementation of international instruments and obligations. Para 21) Pakistan has continued to enhance efforts to ensure that women across Pakistan are aware of their rights as well as the legal remedies available to them. The MoHR and NHRIs, such as NCHR, NCSW and NCRC, are collectively working to ensure implementation of the CEDAW through legislation, policy measures, research, and awareness-raising. For instance, NCSW raised awareness through dissemination of information posters in Urdu and English including on electronic media on laws related to acid crime law, underage marriage, workplace harassment and rape. Para 22) At the provincial level, Punjab CSW developed advocacy material regarding awareness of laws including inheritance and property rights of women, birth registration, and prevention of early and forced marriage. Awareness sessions were conducted in educational institutes and brochures were distributed in 36 districts of Punjab. The Khyber Pakhtunkhwa (KP) CSW arranged campaigns for awareness raising on laws and workshops in collaboration with CSOs and religious leaders. KP CSW is also providing technical support to the provincial Ombudsperson on harassment. Moreover, Women Development Department (WDD) in Balochistan, with support of UN WOMEN, has conducted awareness sessions on responding to gender-based violence. Para 23) Several initiatives are being taken for awareness raising and capacity building of judges, lawyers and other judicial officers on human rights. The MoHR launched a project in 2018 to organize sensitization sessions for prosecutors and court officials on women-specific laws. Until July 2021, 467 prosecutors and court officials had been trained through 12 workshops. MoHR initiated training programs for district judiciary in Sindh and Balochistan where approximately 360 judges and 360 prosecution lawyers in Sindh, and nearly 175 judges and 150 prosecution lawyers in Balochistan were trained. Furthermore, in Sindh, UNODC Pakistan has been training police, judiciary, and public prosecution officers. UNDP Pakistan has trained 63 judicial officers and 12 court staff in KP through 75 workshops. The total number of judicial officers and court staff trained in KP is 2167. Para 24) The Federal Judicial Academy (FJA) as well as the provincial judicial academies have also initiated programs to build capacity in the domain of international human rights law. In July 2019, 160 judges, 126 judicial officers, and 126 prosecutors were given training in December 2019 at the Punjab Judicial Academy (PJA). From 2016–2019, Punjab conducted 22 training programs to sensitize 1,168 judges and judicial staff on laws related to gender and discrimination. Para 25) The KP Judicial Academy (KJA) also organized various trainings on women rights, gender mainstreaming, empowerment, and inheritance. Para 29) Similarly, the Enforcement of Women’s Property Rights Act 2020 protects the rights of women to property ownership and possession while ensuring that such rights are not violated by means of harassment, coercion, force, or fraud. Para 95) In addition to policy measures, Pakistan has also enacted various legislations to address VAW including harassment, deprivation from inheritance, domestic violence, acid throwing, and rape. In January 2022, the Parliament amended the Protection against Harassment of Women at Workplace Act 2010 to broaden the definition of employees to include non-conventional workplaces and increase definition of workplace harassment to include gender discrimination at work. Additionally, the State promulgated the Anti-Rape (Investigation and Trial) Act 2021 and the Enforcement of Women's Property Rights Act 2020. Para 105) Government and non-government entities are providing trainings and awareness-raising sessions on gender issues and laws. The Law and Justice Commission of Pakistan started special training sessions in 2019 for Judicial Officers and Prosecutors on gender issues. The FJA has also initiated a nation-wide sensitization program of judges with a focus on gender sensitization. In 2018 MoHR conducted sensitization sessions for prosecutors and court officials on women specific laws. Till July 2021, 12 capacity building workshops were arranged, and 467 prosecutors and court officials were sensitized. Para 106) At the provincial level 22 training programs were held in Punjab to sensitize 1,168 judges and court staffs on gender related laws from 2016–2019. The KP Judicial Academy also conducted various trainings on women’s rights, gender mainstreaming, women empowerment and women’s right to inheritance. The Balochistan Judicial Academy has carried out several trainings with Judges, Prosecutors, Commissioners, Magistrates, Investigation Officers and newly enrolled lawyers on various topics including juvenile justice system, women and children’s rights, inheritance laws, harassment of women, child rights and prevention of early marriages.

  National Report

  Link to Pakistan National Report

  UN Compilation

  Link to Pakistan UN Compilation

  UN Compilation

  Para 6) CEDAW expressed concern that, since the devolution of powers in the area of women’s rights, governance challenges had continued to exist in the integration and coordination of policies for the advancement of women. It also expressed concern about the lack of resources allocated to the provincial commissions and women’s development departments and about the limited resources available to the National Commission on the Status of Women. Para 16) A number of special procedure mandate holders noted concerns about human rights violations in relation to humanitarian access, the collection of biometric data, nondiscrimination and the impact on women and children owing to their alleged association with terrorists. Para 18) CEDAW noted that, in the Alternate Dispute Resolution Act, 2017, parallel legal systems and informal dispute resolution mechanisms were formally recognized, incorporated into the mainstream judicial system and subjected to judicial and administrative overview. It expressed concern that those systems might discriminate against women and girls. Para 22) CEDAW expressed concern about reports that women human rights defenders and political activists were frequently subjected to reprisals, harassment and threats, and that the procedure for nongovernmental organizations to obtain foreign funding lacked transparency, was cumbersome and was applied in a discriminatory manner. Para 28) CEDAW remained concerned about the existence of multiple legal systems regarding marriage and family relations and noted delays in the adoption of a bill to amend the Christian Marriage Act and the Christian Divorce Act. Para 29) CEDAW noted that polygamy was permitted by law under certain circumstances, that in cases of non-consensual divorce only women petitioners were required to prove grounds for divorce in court, that the support to be provided in the event of divorce was not harmonized for the different religious groups and that women were still required to apply for guardianship of their children in the event of the death of the father. Para 54) [CEDAW] expressed concerned about persistent discriminatory stereotypes regarding the roles and responsibilities of women and men in the family and in society, in particular harmful practices, such as child and forced marriage, and crimes committed in the name of so-called honour (“karo-kari”), which perpetuated women’s subordination to men. Para 74) CEDAW expressed concern that the Citizenship Act, 1951, provided that the conditions for Pakistani women to transmit their nationality to foreign spouses were stricter than those for Pakistani men.