A/HRC/8/42
Page 10
46.
Pakistan responded by themes to the questions raised. On the issue of the blasphemy law,
the Representative (Nawabzada Malik Amad) noted that the Constitution does not allow for
discrimination on the basis of religion itself. Similarly, the penal code contains provisions for the
proscription of actions and statements that would offend all religions, not just Islam, and these laws
apply to all. However, as these laws can be abused, the Government has introduced administrative
checks in the system, such as those introduced in 2004, the aim of which is to, inter alia, regulate
the investigation procedure and to deter the filing of cases under the blasphemy law.
47.
The Representative stated that the issue of the death penalty relates to the criminal justice
system and does not contradict any of the universally recognized human rights. Pakistani law
recognizes the death penalty for a number of serious crimes, but it may only be imposed after
exhaustion of all remedies, by a court of law after due process. A list of the review mechanisms was
also provided. It was also stated that the Government was working on a proposal to commute the
death penalty to life imprisonment, and a decision is expected shortly.
48.
Regarding the issue of gender equality, the Representative (Ms. Mahreen Bhutto) noted that
the rights of women and equality are recognized in the Constitution. Pakistan has signed the ILO
No. 100 concerning Equal Remuneration for Men and Women Workers for Work of Equal Value,
and there is no discrimination in relation to testimony between men and women. It was noted that
women held important positions in society. However, efforts to empower them further were
continuing. The Government is mindful of deep-rooted patriarchal attitudes and traditions, and is
working to combat them through a number of measures, including a change in the curriculum to
give a realistic picture of women’s role in society. Religious scholars were being taken on board to
help address this issue.
49.
Regarding the issue of non-marital consensual sex, she highlighted that this was not
recognized as a human right and that every society has its norms and values; freedoms and limits
are derived there from. In Pakistan, non-marital consensual sex falls under the definition of adultery
and dealt with under the Hadood laws. The offence can only be proved by confession, or with four
witnesses, as it is considered an act against society.
50.
In relation to honour killings and violence against women, the Representative noted that the
Government was mindful of the issue, as shown by the measures taken both through the adoption of
legislation and amendments thereto (as already highlighted in the introductory statement) and the
advocacy and awareness campaigns undertaken. It is considered as premeditated murder and dealt
with accordingly. Regarding the protection of women’s rights, in addition to the Acts regarding
Hadood and Zina already outlined in the introduction, she noted that the Government was aware
and resolved to further reform through empowering the Ministry of Women’s Development. The
Representative noted that the implementation and monitoring of the Convention on the Elimination
of All Forms of Discrimination Against Women was strategized by the Ministry of Women’s
Development with the assistance of foreign donors and experts.
51.
The Representative (Ms. Wahab) noted that there was a very wrong perception of the
treatment of minorities. Re-stating what was said in the introductory statement, and noting that
there had been a few incidents, she added that minorities represent only 3 percent of the total
population, that many members of the Christian and Hindu minorities hold important positions, and
noted that the migration of minorities was not caused by discrimination, but by better opportunities
elsewhere.
52.
Regarding the education sector, Pakistan highlighted that both primary and secondary
education are free. It also noted that when the State came into being, the literacy rate was at 13
percent and that it is currently at over 56 percent; that it has instituted vocational training
throughout the country, aiming to make young people as skilled as possible. It highlighted
nonetheless its need to improve the teaching skills of teachers, while noting programmes for
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