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General 4 February 2016 United Nations E/C.12/PAK/1 Economic and Social Council Distr.: General 4 February 2016 Original: English English, French and Spanish only Committee on Economic, Social and Cultural Rights Consideration of reports submitted by States parties under articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights Initial reports of States parties due in 2010 Pakistan* [Date received: 16 October 2015] * The present document is being issued without formal editing. GE.16-00186(E) *1600186* E/C.12/PAK/1 Introduction 1. The Government of Pakistan (GoP) signed the International Covenant on Economic, Social and Cultural Rights (ICESCR) on 3rd November, 2004 and ratified it on 17th April, 2008. In accordance with Articles 16 and 17 of the Covenant, which stipulate that a State Party must submit its implementation report in accordance with its treaty obligations, the Government of Pakistan is pleased to present its initial report to the Committee on Economic, Social and Cultural Rights (CESCR). 2. This report mainly contains information and developments from 2008 to 2014 which have been obtained from various stakeholders through detailed consultative meetings and through information made available by the Government. Furthermore, this report has been prepared in coordination with the Ministry of Law, Justice and Human Rights along with the contributions of various Ministries and Departments both at the Federal and the Provincial levels. The guidelines adopted by the CESCR on 18th November, 2008 have been followed for the preparation of this report. 3. Although Pakistan ratified the ICESCR in 2008, yet prior to this date the Government of Pakistan has been making efforts through a number of legislative and administrative measures for realization of economic, social and cultural rights of the people of Pakistan. The Constitution of Pakistan in a number of its articles envisages the realization and protection of economic, social and cultural rights of its citizens.1 Concomitantly, the Provinces of Pakistan have promulgated a series of legislations which aim to safeguard the economic, social and cultural rights of the Pakistani citizens. Moreover, Pakistan has ratified a number of international conventions2 which directly or indirectly show a resonance with the articles of ICESCR. 4. This report contains information regarding the implementation of Articles 1 to 15 of the Covenant with emphasis on legislative, administrative and policy measures taken by the Government to ensure full realization of rights mentioned in the Covenant as well as the progress achieved therein. Article 1: Right to self-determination 5. The universal realization of the right to self-determination is of great significance to Pakistan. Adhering to its principled position, the Government of Pakistan supports the right to self-determination and realization of the rights of all peoples subjected to colonization, alien domination or foreign occupation, including the people of Indian Occupied Jammu and Kashmir (IOK) and the people of the Occupied Palestinian and Arab territories in accordance with the relevant United Nations Security Council resolutions. We believe that the right to self-determination is the cornerstone of the UN system and a prerequisite to the exercise of other human rights. Pakistan itself gained independence as a result of a democratic struggle on the basis of the right to self-determination. Soon after its emergence as an independent nation, Pakistan played an active role at the United Nations to help 1 Constitution of Pakistan: Article 03, Article 04, Article 8, Article 11(2), Article 17(1), Article 19(a), Article 24, Article 24(2), Article 25, Article 25 (a), Article 25(1), Article 25(2), Article 28, Article 35, Article 37, Article 37(e), Article 38 (b, c, d, e). 2 Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), Convention on the Rights of the Child (CRC), Convention on the Rights of Persons with Disabilities (CRPD). 2 E/C.12/PAK/1 various colonized and subjugated nations in North Africa, Middle East and other parts of Asia in exercising their right to self-determination. 6. Every year, Pakistan sponsors a resolution at the United Nations General Assembly under the title “Universal Realization of the Right of Peoples to self- determination”. This resolution has enjoyed consensus support of all the UN member states. The resolution reaffirms the fundamental significance of the universal realization of the right to self- determination by all people, including those under foreign and alien domination, and declares opposition to all acts of aggression and foreign occupation which result in the suppression of this basic human right. 7. The right to self-determination occupies a prominent position in the UN Charter. Pakistan has cogently advanced its position on the Kashmir issue as a matter of self- determination. Pakistan has backed the UN Security Council Resolution 47 of 21 April 1948, 51 of 3 June 1948, 80 of 14 March 1950, 91 of 30 March 1951, 122 of 24 January 1957 and Resolutions of the United Nations Commission for India and Pakistan (UNCIP) of 13 August 1948 and of 5 January 1949 all of which declare that the final disposition of the State of Jammu and Kashmir would be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations. Resolution 91 of 30 March 1951 and 122 of 24 January 1957 while annulling any anticipated action of the then constituent assembly of IOK with regard to the determination of the final status of the State reminded that the final disposition of the State would be determined through a free and fair plebiscite. UNSC Resolution 91 reminds the Governments and authorities concerned “of the principles embodied in its resolutions 47 (1948) of 21 April 1948, 51 (1948) of 3 June 1948 and 80 (1950) of 14 March 1950 and the United Nations Commission for India and Pakistan resolutions of 13 August 1948 and 5 January 1949, that the final disposition of the state of Jammu and Kashmir will be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations.” UNSC Resolution 122 while referring to then constituent assembly of IOK reaffirmed that “that any action that assembly may have taken or might attempt to take to determine the future shape and affiliation of the entire State or any part thereof, or actions by the parties concerned in support of any such action by the assembly, would not constitute a disposition of the State in accordance with above principle.” Article 2: Principle of progressive realization 8. Since its establishment, Pakistan has striven to enact appropriate legislation that protects and promotes the economic, social and cultural rights of its citizens without any discrimination. Considering the country’s unique socio-economic, cultural, and political composition, there was a dire need to construct a comprehensive, workable and need based legal framework for the State of Pakistan. Pakistan enacted a good number of laws and statutes around the basic law of the state i.e. Constitution of Islamic Republic of Pakistan. 9. The fundamental law and statutes include the Contract Act, the Law of Inheritance and Succession , the Family Laws, the Consumer Protection Act, the Mineral Resources Act, the Land Acquisition Act, the Coal Mines Labour Welfare Fund Act, the Environmental Protection Act, the Labour Act, the Factories Act, Industrial Relations Act, the Social Security Laws, the Mine Act, the Employees Old Age Benefit Act, Right to Free and Compulsory Education Act, 2012 , the Higher Education Commission Ordinance, the Protection of Minors Act, the Prevention of Anti-Women Practices (Criminal Law Third Amendment) Act 2011, The Disabled Persons (Employment and Rehabilitation) Act, 2010. There is a long list of legislative measures taken to improve and strengthen the legal framework which includes both substantive and procedural reforms keeping in view the fast 3 E/C.12/PAK/1 changing dynamics of society in the global world. This whole scheme of things constitute a legal system that provides important legal safeguards for the promotion and protection of citizens’ economic, social and cultural rights. Pakistan’s laws and policies are strictly congruous with the International Covenants. The Constitution of Pakistan which is fundamental law of the land provides series of articles and clauses whereby human rights are protected and ensured. Article 3: Equal rights for men and women 10. Article 4 of the Constitution of Pakistan provides that every citizen of Pakistan, whatever he or she may be, and every other person (foreigner) within the territorial jurisdiction of Pakistan shall enjoy the equal protection of law and he/she shall be treated in accordance with law. 11. The most significant dimension of Article 4 of the Constitution is the right of “access to justice to all”. This is an inviolable right enshrined in the constitution. The right to access to justice includes the right to have a fair and proper trial and right to have an impartial court or tribunal. Without having right to access to justice, the fundamental rights enshrined in the constitution will be meaningless and will have no efficacy or value to the public at large. It is pertinent to mention here that even a foreigner residing in Pakistan is entitled to enjoy the benefits of Article 4. Therefore, this article provides full force of law, in spirit and content, to protect and ensure economic, social and cultural rights of nationals and foreigners. 12. Article 8 of the Constitution of Pakistan is comprehensive and broad spectrum in its nature. It ensures the continuity of fundamental rights in the society and provides any attempt to impede the incessant process of fundamental rights would not have any force of law and will have to be considered void ab initio.
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