Committee on the Rights of the Child to
Pakistan on its Fifth Periodic Report
JUNE 2016
Pakistan has been a signatory to the Convention of the Rights of the Child since 1990. Under the terms of the
Treaty, Pakistan’s progress towards compliance with convention rights is regularly monitored by a committee
of concerned experts known as the Committee on the Rights of the Child (the Committee). Most recently the
Committee outlined its current areas of concern and recommendations following a review of Pakistan’s fifth
periodic report conducted in June 2016. The following is a brief summary of the Committee’s concluding observations in the field of criminal justice:
INADEQUATE LEGISLATIVE PROTECTIONS
01
There are legal inconsistencies concerning the definition of a child at federal, provincial and
territorial levels and between secular and Sharia law. A uniform definition of a child as every
individual below 18 years of age should be adopted, and all laws including the Zina and Hadood
Ordinances should be amended to reflect this.
02 The low minimum age of criminal responsibility (10 years) should be increased to an internationally accepted level.
UNLAWFUL EXECUTIONS OF JUVENILE OFFENDERS
03 There are reports of the execution of several individuals for offences committed while under the
age of 18 years or where age was contested, as well as a large number of persons currently on
death row for crimes committed while under the age of 18 who have limited access to procedures for challenging their sentence on the basis of their age.
04 Pakistan must review all cases where there is any indication that a prisoner sentenced to death
might be or have been a juvenile, with a view to either releasing the concerned prisoners or
commuting their sentence to prison terms. This should also apply to cases where the crime was
committed before the JJSO’s entry into force.
05 Pakistan should provide data on the number of children, and the number of persons alleged to
have committed a crime while under the age of 18 years on death row.
INADEQUATE BIRTH REGISTRATION
06 Pakistan has established an optional chip-based card system to encourage birth registration but
only about 30 percent of children have been registered at birth (lowest rates are in Balochistan
and FATA). Low awareness, complicated procedures and high fees as well as the lack of effective
measures to ensure registration of children from marginalized and disadvantaged groups is a
challenge. Pakistan should:
Promote timely birth registration, especially among marginalized and disadvantaged communities and
educate the public about the consequences of non-registration
Remove all fees and simplify the procedures related to birth registration, including through the development of mobile registration units;