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A List of Issues for the Examination of Pakistan's Compliance of International Covenent on Economic, Social and Cultural Righ

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A List of Issues for the Examination of Pakistan's Compliance of International Covenent on Economic, Social and Cultural Righ 1 A LIST OF ISSUES FOR THE EXAMINATION OF PAKISTAN’S COMPLIANCE OF INTERNATIONAL COVENENT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS A joint submission by the civil society organizations (CSOs) in Pakistan through Centre for Social Justice, in view of the preparation by the un committee on economic, social and cultural rights for its 61st session. Presented by Centre for Social Justice E-58, St. 8, Officers' Colony, Walton Road, Lahore 54180, Pakistan Tel:+92 423 6661322, [email protected] www.csjpak.org Contact person: Peter Jacob On behalf of (endorsing organization): AWAM – Pakistan, Aurat Foundation Association for Women's Awareness and Rural Development (AWARD) Bhittai Social Watch and Advocacy, Blue Veins, Bytes For All - Pakistan, Bonded Labour Liberation Front, Democratic Commission for Human Development, FATA Commission of Pakistan, Hindu Council Pakistan, IDRAC, Khowendo Kor, Legal Aid Society, Legal Aid and Awareness Services (LAAS), Pakistan Institute for Labour Education and Research, Pakistan Forum for Disability (PFD), , REED- Pakistan, Now Communities Taangh Wasaib Organization, Social and Economic Development Associates (SEDA), Tribal NGOs Consortium , Urban Resource Center, Women in Struggle for Empowerment (WISE). Contributions Centre for Social Justice is grateful to Dr. Rubina Feroze Bhatti and Mr. Fayyaz Baqir for preparing an outline of the document and Mr. Sachal Jacob for compiling data, proofs and edits. This document also benefited from “Civil Society Position Paper on Implementation of ICESCR in Pakistan” sponsored by Oxfam Novib, authored by lead researchers Mr. Hassan Mirbahar and Mr. Ehsan Qazi. 2 Table of Contents Sr. No. Topic Page 1. Introduction, Article 1. Right to self-determination 3 2. Article 2: Progressive legislation 3 3. Article 2: ESC Rights of Vulnerable Groups 4 4. a) ESC Rights of Persons with Disabilities 4 5. Recommendations 6 6. b) ESC Rights of Women and Girls 7 7. Recommendations 12 8. c) ESC Rights of Minorities 13 9. Hate speech in the textbooks, Recommendations 16 -17 10. d) ESC Rights of the Transgender 18 Recommendations 11. Article 3: Equal rights for men and women 19 12. Article 6: Right to work, Article 7: Just work and favourable conditions 19 13. Article 8: Right to trade unions 22 14. Recommendations 23 15. Article 9: Social Security, Recommendations 23-24 16. Article 11 Right to adequate standard of living 24 17. Forced Evictions-Recommendations 26-28 18. Right to Water 28 19. Recommendations 30 20. Article 12: Right to health 30 21. Immunization -Recommendations 34 22. Article 13 and Article 14: Right to compulsory primary education 35 23. Recommendations 37 24. Article 15: Cultural rights, scientific progress and material and moral interest – 37- 38 Recommendations 3 Introduction 1. The CSOs in Pakistan appreciate the submission of first periodic report by Pakistan under the treaty covering the period 2008-2014 which was due in 2010. We present this list of issues article wise. The acronym CSOs means the endorsing organizations as well as those who share the point of view. The term Committee shall mean the Committee for Economic Social and Cultural Rights. Article 1. Right to self-determination 2. The right of all people to self-determination under ICESCR extends to decide their political status and pursue economic, social and cultural development freely to decide how they might use their natural resources. A similar provision is also present in ICCPR which Pakistan has also ratified. The applications of this rights means greater autonomy of the communities at all levels where the progress has not been satisfactory in the examples of delayed local bodies elections, providing credible data by holding of population census as well as wide range of issues concerning weak governance and delivery mechanism for rights. Recommendations Respecting right to self determination and Economic Social and Cultural autonomy of the citizens of Pakistan the government should take effective measures to: 1. Devolve the administrative, financial and political powers to the local bodies and make this third tier of governance functional, 2. Hold credible national population census to facilitate social, economic and cultural development of all segments, specially of the marginalized and vulnerable groups in Pakistan. The census enumeration should include all categories of religious, ethnic, social, gender and cultural diversity and make the user friendly data available free of charge. Article 2: Progressive legislation / recommendations 3. The civil society welcomes state’s formal recognition of ESC rights by ratifying ICESCR. However without proper constitutional recognition or legislative backing from provinces, ESCR rights do not translate into domestic norms. Hence, the provincial governments should legislate on these rights after increased autonomy under 18th amendment. The implementation of laws requires developing rules, regulations and implementation procedures and protocols. 4 Article 2: ESC Rights of Vulnerable Groups 4. Given the emphasis put on vulnerable/marginalized groups in its various general comments, including on right to food, right to health, right to water etc, as discussed in various preceding chapters1 CSOs would like to specifically highlight the rights of vulnerable groups with special focus on persons with disabilities, women and girls, religious minorities and transgender groups. a) ESC Rights of Persons with Disabilities 5. The Committee has elaborated on obligations pertaining to persons with disabilities under ICESCR.2 As Pakistan has ratified the CRPD as well, the obligations under ICESCR and CRPD converge. Pakistan’s first legislation for protection of the rights of persons with disabilities in form of Disabled Persons' (Employment and Rehabilitation) Ordinance 19813 mainly covers rehabilitation and employment for the persons with disabilities. The ordinance4 defines disability in terms of “a person who, on account of injury, disease or congenital deformity, is handicapped for undertaking any gainful profession or employment in order to earn his/her livelihood, and includes persons who are blind, deaf, physically handicapped or mentally retarded.”5 The National Disability policy6 also defines disability narrowly: “Disability” means the lack of ability to perform an activity in a manner that is considered to be normal”.7 All disability rights debate is done around the “social theory” aspect of disability which considers that human beings have impairments but they are disabled when society does not give them adequate opportunities to perform the so called normal life.8 Such definitions are completely against this theory and the entire disability rights movement which was instrumental in recognition of rights of persons with disability and of course the provisions of the CRPD which have non-discrimination at its core. 6. In 2002, Pakistan formulated the National Policy for Persons with Disabilities. This was first policy in the country which covers issues such as education, employment, and the welfare of people with disabilities and sets up a National Commission to look after the 1 CESCER General Comment 9 paragraph 10. 2 UN-CESCR. General Comment No. 5: Persons with Disabilities, 9 December 1994, E/1995/22 [Online]. Available: http://www.refworld.org/docid/4538838f0.html [Accessed 7 January 2014]. 3 Thanks to Dictator General Zia who had a daughter with some kind of disability 4 1981. DISABLED PERSONS' (EMPLOYMENTAND REHABILITATION) ORDINANCE1981. 5 Emphasis ours 6 PAKISTAN 2002. NATIONAL POLICY FOR PERSONS WITH DISABILITIES. In: EDUCATION, M. O. S. W. A. S. (ed.). Islamabad: Islamabad. 7 Emphasis ours 8 Kayess & French 2008 5 needs of the persons with disabilities has not been formed yet. The policy addresses some of the issues related to persons with disabilities. Though Pakistan has special legislation and policies for persons with disabilities, the policies and legislations in general, such as Women Protection Bill, Youth Policy and so on and so forth, lack inclusiveness with regards to needs of the persons with disabilities.. 7. In order to facilitate greater employment of the persons with disabilities, 2% job quota has been created in all the government jobs in Pakistan under the Employment and Rehabilitation Ordinance. While it may be beneficial to promote such quotas, the disabled rights activists in Pakistan do not consider it equal treatment as specified under CRPD and ICESCR which require equality and non-discrimination. Currently, disabled persons not only face stigma and discrimination in the society, but there are issues of accessibility to education, employment, as well as concerns of social and cultural fulfilment. There are only 16 buildings, mostly in the capital city of Islamabad, which are accessible for persons with disability.9 Therefore, the government needs to create and promote a barrier-free society for the persons with disabilities. 8. The current data, mainly provided by the Census of 1998, covers limited disabilities. The census showed only 2.5% of the population with disability whereas a WHO survey showed a 10% population with disabilities. This was probably because a wider definition of disability was used by WHO. Therefore there is a need for a survey which covers broader range of disabilities to inform the planning and policy development work. This would also help guide the resource sharing and utilization plans developed by the government for the disabled. For example, as per 1998 census, persons with disabilities account
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