| Click here for a summary of Pakistan’s review at the first cycle and/or the second cycle. |
28th UPR session
Date of review: 13 November 2017
Date of report adoption: 19 March 2018
Document number: A/HRC/37/13
|
SUMMARY SOGIESC issues during Pakistan’s 3rd UPR review |
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
Equality and non-discrimination
17. Joint Submission 7 (JS7) stated that, due to the criminalization of homosexuality in the Penal Code, LGBTIQ individuals were reluctant to reveal their sexual orientation and identity. The Supreme Court granted transgender people the right to vote and attain a National Identity Card in 2011, but this had not been translated into legal and policy remedies to guarantee their rights. Joint Submission 15 (JS15) reported that transgender people, in particular transgender women, faced harassment, mistreatment and exclusion from society.
18. Kaleidoscope Australia Human Rights Foundation (KHRF) recommended that Pakistan: decriminalise consensual same-sex sexual relations; introduce laws prohibiting discrimination on the basis of sexual orientation, gender identity and intersex status in all areas of public life; introduce legislation recognising the rights of same-sex couples, including the right to marry and parenting rights; and codify the recent fatwa recognising marriage, inheritance and funeral rights for transgender people into binding legislation.
Right to education
81. Concerning recommendations on the right to education, JS19 stated that the situation had not improved, especially within the context of access to quality education for all, regardless of social class, gender or ethnicity.
83. JS17 stated that recommendations on reviewing public school curricula to eliminate prejudice against minorities had not been implemented. JS14 indicated that the curriculum was religiously and gender biased and historically distorted, inciting intolerance and prejudice.
Children
94. JS2 reported that children working in small hotels, restaurants and in the deep-sea fishing and transport industries were among the most susceptible to sexual exploitation. Unlike female prostitution, the sexual exploitation of boys was more visible. More freedom of movement allowed to boys put them at higher risk. Boys were reported to be sexually abused also in schools or madrassas. Transgendered children were also at heightened risk.
II. Excerpts on SOGIESC issues from the national report
Legal, policy and institutional developments
12. For the first time ever, the rights of Intersex and transgender persons have been recognized. In a judgment, the Supreme Court directed the National Database Regulatory Authority to issue national identity cards and passports to the transgender persons. The issue of transgender is being discussed at different forums which include Senate’s Special Committee on Marginalized Segments of Society, Senate’s Functional Committee on Human Rights and National Council for Social Welfare and Capital Administration and Development Division.
13. Transgender and Intersex Persons (Promotion and Protection of Rights) Bill, 2017” is under consideration. KP Government has allocated a special fund of Rs200 million for the welfare of transgender community in budget of 2016/2017 for the first time. The other provinces are also devising practical measures for protection of rights of transgender persons.
Rights of children (recommendations 23, 24, 34, 40, 41, 54, 59, 71, 84, 91, 95, 104, 105, 107, 134 and 153)
73. A number of legal, policy as well as institutional measures have been taken for the protection of rights of children, including, among others:
• In line with the National Policy guidelines for vulnerable groups in disasters 2014, the National Disaster Management Authority (NDMA) has established Gender and Child Cell with the aim to mainstream gender and child protection issues and vulnerabilities in humanitarian response, crises management and disaster risk reduction initiatives.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
9. The Committee on Economic, Social and Cultural Rights recommended the revision of articles 25 to 27 of the Constitution with a view to ensuring prohibition of discrimination on all grounds, including colour, language, political or other opinion, national or social origin, property, disability, sexual orientation and gender identity or other status. It also recommended that comprehensive anti-discrimination legislation be adopted.26 The Human Rights Committee made a similar recommendation.
13. The United Nations country team noted with concern that HIV high-risk populations continued to face discrimination in accessing sexual and reproductive health information and services.
14. The United Nations country team welcomed the announcement, following a court ruling, that transgender persons would be counted for the first time in the national census from March 2017. 33 The Committee on Economic, Social and Cultural Rights recommended that Pakistan decriminalize same-sex relations between consenting adults and take the measures necessary to combat discrimination based on sexual orientation and gender identity.34 The Human Rights Committee made a similar recommendation.
Children
84. The Committee on the Rights of the Child reiterated its previous recommendation that Pakistan combat and prevent discrimination and negative societal attitudes and mobilize political, religious and community leaders to support efforts to eradicate traditional practices and attitudes that discriminated against children belonging to religious or other minority groups, children with disabilities, children living in poverty, children from Dalit communities, children living in rural or remote areas and lesbian, gay, bisexual and transgender children.
IV. References to SOGIESC issues during the Working Group review
41. Albania praised the reforms on gender equality and welcomed the recognition of the rights of intersex and transgender persons.
55. Brazil welcomed the positive developments concerning the rights of transgender persons, but was concerned about religious intolerance.
61. Chile welcomed the efforts to protect the rights of the elderly and the recognition of the rights of transgender and intersex persons.
83. Honduras commended the Supreme Court’s decision in favour of transgender persons.
84. Iceland welcomed the progress made in promoting human rights, including legally recognizing transgender persons.
109. The Netherlands remained concerned about violence and discrimination against religious, ethnic and gender minorities.
115. Paraguay encouraged Pakistan to pursue its policy on gender equality.
120. Recent achievements included: the Elections Act, encouraging the participation of women in elections as both candidates and voters; a review of the Convention on the Rights of Persons with Disabilities to identify the changes necessary in the relevant laws; the introduction in the Senate of the Transgender Persons (Protection of Rights) Bill; the enactment of the laws against rape and “honour” crimes; adoption of the law on the protection of children and the National Commission on the Rights of the Child Act to bring the legal system into conformity with the Convention on the Rights of the Child; the adoption of the National Health Vision (2016–2025) to set national priorities with clear budgeted targets; and the introduction of the bill on compulsory child immunization.
140. Spain welcomed the establishment of the Ministry of Human Rights and efforts to protect transgender persons and women.
V. Conclusions and/or recommendations
Pakistan accepted the following recommendations:
152.81 Continue its efforts to improve the protection of human rights, especially by eliminating discrimination based on sex, race, caste and religion (Holy See);
152.91 Rapidly adopt and implement the two draft bills recently tabled in the National Assembly to ensure the rights of transgender persons (Spain);
152.92 Ensure that the 2017 law, which is presently being reviewed, on the recognition of the rights of intersex and transgender persons pays the necessary attention to both transgender women and men (Albania);
152.228 Step up efforts to ensure the access of all children to quality education, regardless of social status, gender or ethnicity (Bulgaria);
152.232 Continue its efforts to increase enrolment rates at all levels of education, in particular continue to improve equal access to education for all children, regardless of gender, income level or background (Bosnia and Herzegovina);
152.252 Enhance activities aimed at eliminating discrimination against women and gender-based violence (Kyrgyzstan);
Pakistan noted the following recommendations:
152.86 Adopt effective measures to prevent and punish all forms of discrimination against minority groups by adding clear provisions to articles 25 to 27 of the Constitution to ensure the prohibition of discrimination on all grounds, including sexual orientation and gender identity, as well as by adding clear protection provisions in criminal laws concerning public assembly, obscenity and public nuisance (Netherlands);
152.88 Protect the rights of lesbian, gay, bisexual, transgender and intersex persons and take the necessary measures to guarantee their protection and a life free from discrimination (Mexico);
152.89 Adopt legislative measures to decriminalize homosexuality and consensual sexual relations between persons of the same sex (Chile);
152.90 Accelerate the enactment of laws for the protection of lesbian, gay, bisexual, transgender and intersex persons, in particular the Transgender Persons (Protection of Rights) Bill (France);
152.93 Enact and enforce legislation to afford legal protection from violence and discrimination to all its citizens, including women, girls, the lesbian, gay, bisexual, transgender and intersex community and religious minorities, including through effective prosecutions in accordance with the rule of law (Australia);
VI. Further information
You will find all documents relating to Pakistan’s third review at UPR-Info and OHCHR’s websites.