UN treaty body reviews of Pakistan
Committee on the Elimination of Racial Discrimination
The UN Committee on the Elimination of Racial Discrimination (CERD) reviewed Pakistan at its 74th session in February 2009.
A comprehensive shadow report highlighting the issue of caste discrimination was prepared and submitted to the Committee by IDSN, TRDP, NCJP, PILER and Justice and Peace Netherlands.
- Joint NGO report for the UN Committee prepared by TRDP, NCJP, PILER and Justice and Peace Netherlands, submitted in January 2009
- Suggestions for inputs to list of issues prepared by IDSN (caste-based discrimination in Pakistan), submitted in October 2008
- List of Issues
- Concluding Observations
- Link to website (state report, etc)
Read a full IDSN news article on this event can be found here
Concluding Observations
In the Concluding Observations the Committee addresses many of the concerns raised by NGOs, including the persistence of caste-based discrimination and bonded labour in Pakistan. In particular the Committee recommends the Government to take specific measures to eradicate this form of discrimination, and to make disaggregated statistical data regarding the ethnic composition of its population available in its reporting to the Committee. While all paragraphs in the Concluding Observations are relevant in this context, the following paragraphs make specific recommendations related to the issue of caste-based discrimination:
10. The Committee reiterates its recommendation that the State party broaden its understanding and constitutional definition regarding minorities, so as to take into account all the grounds of discrimination included in Article 1 (1) of the Convention. […]
11. Notwithstanding the existing legislation aimed at ensuring the principle of non-discrimination in the State party, the Committee reiterates its concern that no comprehensive anti-discrimination law has been adopted. It also expresses concern about the lack of information on concrete measures taken to implement the existing anti-discrimination laws and special measures, in spite of reports of persisting de facto discrimination against members of certain minority groups. (art. 2)
The Committee recommends that the State party adopt a comprehensive law on the elimination of discrimination on the grounds of race, colour, descent or national or ethnic origin, taking into consideration all elements of the Convention. It also wishes to receive detailed information on the measures taken to implement anti-discrimination legislation with a view to eliminating de facto discrimination.
12. While the Committee welcomes the steps taken by the State party to address caste-based discrimination, such as a range of development schemes and the appointment of a member of a scheduled caste as advisor to the Sindh Province Senate, it is concerned that the State party has not yet adopted a law prohibiting discrimination on the basis of caste. It is further concerned about the lack of information in the State party’s report on concrete measures taken to combat caste-based discrimination. The Committee is also concerned about the persisting de facto segregation of and discrimination against Dalits regarding their enjoyment of all economic, civil, political, and social rights (arts. 2, 3 and 5).
The Committee refers the State party to its General Recommendation 29 (2002), on descent-based discrimination, and recommends that the State party adopt legislation aimed at the prohibition of caste-based discrimination and take effective and immediate measures to ensure its effective implementation. The State Party is also invited to provide, in its next periodic report, statistical data on persons belonging to scheduled castes in the territory of the State party, including their enjoyment of all rights protected under Article 5 of the Convention.
21. While welcoming the steps taken to abolish the practice of bonded labour, including the adoption of the Bonded Labour System Abolition Act, the Committee is concerned about the persistent existence of bonded labour in the State party, which appears to be related to, inter alia, the unequal distribution of land. It also expresses concern that such practice mainly affects marginalized groups such as scheduled castes. (5 (e) (i) and (iv))
The Committee urges the State to intensify its efforts to implement the laws and programs adopted to put an end to bonded labour and discrimination against marginalized groups such as the scheduled castes. It further encourages the State party to carry out the national survey on this practice without delay and to continue cooperation with the International Labour Organization in combating this phenomenon.
The next 21st and 22nd periodic reports are to be submitted by the State Party on 4 January 2012.
Committee on the Rights of the Child
Examination of PAKISTAN at the 52nd CRC session (September/October 2009):
