UN Core Treaties

UN Core Treaties, also known as core human rights treaties or principal human rights treaties, refer to a set of international legal instruments that are central to the protection and promotion of human rights worldwide. These treaties are developed under the auspices of the United Nations and set out the fundamental human rights and freedoms that all individuals are entitled to, regardless of their nationality, race, gender, or other status.

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International Convention the Elimination of all Forms of Racial Discrimination (CERD)

The International Convention on the Elimination of All Forms of Racial Discrimination (CERD) is a United Nations treaty that was adopted in 1965 and ratified by Pakistan in 1966. It is one of the core human rights treaties and aims to eliminate racial discrimination in all its forms and promote understanding and tolerance among all races and ethnic groups.

The ICERD defines racial discrimination as any distinction, exclusion, restriction, or preference based on race, color, descent, or national or ethnic origin that has the purpose or effect of impairing the enjoyment of human rights and fundamental freedoms on an equal basis.

The ICERD obligates states parties to take effective measures to prevent, prohibit, and eradicate racial discrimination in all areas of life, including in the fields of education, employment, housing, and access to public services. It also requires states parties to promote understanding and tolerance among all races and to adopt affirmative action measures to ensure the full and equal enjoyment of human rights by all persons.

The ICERD establishes a Committee on the Elimination of Racial Discrimination, which is composed of independent experts and is responsible for monitoring the implementation of the convention by states parties. The committee reviews periodic reports submitted by states parties and issues recommendations and general comments on the implementation of the convention.

Click here to read the complete document.

International Covenant on Economic, Social and Cultural Rights (CESCR)

The International Covenant on Economic, Social and Cultural Rights (CESCR) is a United Nations treaty that was adopted in 1966 and ratified by Pakistan in 2008. It is one of the core human rights treaties and recognizes the right of everyone to enjoy the highest attainable standard of physical and mental health, education, and an adequate standard of living, including food, clothing, and housing.

The ICESCR obligates states parties to take steps to progressively realize economic, social, and cultural rights, such as the right to work, the right to social security, the right to education, and the right to participate in cultural life. It requires states parties to take measures to ensure that these rights are enjoyed without discrimination of any kind and to ensure that everyone has access to adequate resources to fulfill their basic needs.

The ICESCR also recognizes the importance of international cooperation in achieving the full realization of economic, social, and cultural rights and obligates states parties to cooperate with each other and with international organizations in this regard.

The ICESCR establishes a Committee on Economic, Social and Cultural Rights, which is composed of independent experts and is responsible for monitoring the implementation of the covenant by states parties. The committee reviews periodic reports submitted by states parties and issues recommendations and general comments on the implementation of the covenant.

Click here to read the complete document.

International Covenant on Civil and Political Rights (CCPR)

The International Covenant on Civil and Political Rights (ICCPR) is a United Nations treaty that was adopted in 1966 and ratified by Pakistan in 2010. It is one of the core human rights treaties and recognizes the inherent dignity and worth of every individual and the equal and inalienable rights of all individuals.

The ICCPR obligates states parties to respect and ensure the civil and political rights of everyone within their jurisdiction, including the right to life, liberty, and security of person; the right to freedom of expression, assembly, and association; the right to due process of law and a fair trial; and the right to participate in the conduct of public affairs.

The ICCPR recognizes the right to self-determination, which includes the right of all peoples to pursue their economic, social, and cultural development and to freely dispose of their natural wealth and resources. It also prohibits discrimination on the basis of race, gender, religion, or any other status.

The ICCPR establishes a Human Rights Committee, which is composed of independent experts and is responsible for monitoring the implementation of the covenant by states parties. The committee reviews periodic reports submitted by states parties and issues recommendations and general comments on the implementation of the covenant.

Click here to read the complete document.

Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is a United Nations treaty that was adopted in 1979 and ratified by Pakistan in 1996. It is a legally binding international instrument that aims to eliminate all forms of discrimination against women and promote gender equality worldwide.

CEDAW defines discrimination against women as “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”

CEDAW obligates state parties to take all necessary measures to eliminate discrimination against women in all areas of life, including education, employment, health care, political participation, and access to justice. It also requires state parties to take steps to eliminate harmful practices such as child marriage, female genital mutilation, and violence against women.

CEDAW establishes a Committee on the Elimination of Discrimination against Women, which is composed of independent experts and is responsible for monitoring the implementation of the convention by state parties. The committee reviews periodic reports submitted by state parties and issues recommendations and general comments on the implementation of the convention.

Click here to read the complete document.

Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is a United Nations treaty that was adopted in 1984 and ratified by Pakistan in 2010. It is a legally binding international instrument that aims to prevent and prohibit torture and other forms of cruel, inhuman, or degrading treatment or punishment worldwide.

The convention defines torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind.”

The convention obligates states parties to take effective measures to prevent and prohibit torture and other forms of cruel, inhuman, or degrading treatment or punishment in all circumstances, including in times of peace and conflict. It also requires states parties to investigate and prosecute allegations of torture and ensure that victims of torture have access to effective remedies and redress.

The convention prohibits the use of evidence obtained through torture and requires states parties to ensure that no one is returned to a country where there are substantial grounds to believe they would be at risk of torture.

The convention establishes a Committee against Torture, which is composed of independent experts and is responsible for monitoring the implementation of the convention by states parties. The committee reviews periodic reports submitted by states parties and issues recommendations and general comments on the implementation of the convention.

Click here to read the complete document.

Optional Protocol of the Convention against Torture (CAT-OP)

The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT-OP) is an important international human rights instrument that complements the Convention against Torture (CAT). Adopted by the United Nations General Assembly in 2002, the CAT-OP aims to enhance the implementation and monitoring of the CAT.
The CAT-OP establishes two crucial mechanisms to strengthen the fight against torture and ill-treatment:
 
National Preventive Mechanisms (NPMs): The CAT-OP requires state parties to create or designate independent national bodies known as National Preventive Mechanisms. These NPMs have unrestricted access to places of detention, including prisons, police stations, and other facilities where individuals may be deprived of their liberty. Their primary objective is to prevent torture and ill-treatment by conducting regular visits to these places of detention, reviewing conditions, and making recommendations to improve safeguards and the protection of detainees.

Optional Protocol Subcommittee on Prevention of Torture (SPT): The CAT-OP establishes the Subcommittee on Prevention of Torture, a group of independent experts responsible for assisting and advising NPMs. The SPT conducts confidential visits to states parties to assess the effectiveness of their NPMs, offer guidance, and facilitate dialogue between the NPMs and state authorities. The SPT plays a vital role in ensuring that NPMs function optimally and are empowered to carry out their preventive work effectively.

The CAT-OP operates in conjunction with the CAT, creating a comprehensive framework to combat torture and ill-treatment effectively. The CAT remains the primary instrument that obliges states to prevent and combat torture and to hold perpetrators accountable. The CAT-OP complements these efforts by strengthening the preventive measures through NPMs and facilitating collaboration and support through the SPT. Together, these instruments contribute to the global endeavor to eradicate torture and protect the dignity and human rights of all individuals.

Pakistan has not ratified this optional protocol.

Convention on the Rights of the Child (CRC)

The Convention on the Rights of the Child (CRC) is a United Nations treaty that was adopted in 1989 and ratified by Pakistan in 1990. It is a legally binding international instrument that sets out the rights and protections that children are entitled to, regardless of their race, ethnicity, gender, or any other status.

The CRC recognizes that children are individuals with their own rights and that they need special protection and care. It defines a child as any person under the age of 18, unless national laws recognize an earlier age of majority.

The CRC outlines a range of civil, political, economic, social, and cultural rights that are essential for the full development of every child, including the right to life, survival, and development; the right to participate in decisions that affect their lives; the right to education and healthcare; and the right to be protected from abuse, neglect, and exploitation.

The CRC also recognizes the importance of family and community in the well-being of children and obligates states parties to take measures to support families in providing a safe and nurturing environment for children. It also requires states parties to take steps to prevent and respond to violence, exploitation, and abuse of children, including trafficking, child labor, and child marriage.

The CRC establishes a Committee on the Rights of the Child, which is composed of independent experts and is responsible for monitoring the implementation of the convention by states parties. The committee reviews periodic reports submitted by states parties and issues recommendations and general comments on the implementation of the convention.

Click here to read the complete document.

Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (CRC-OP-AC)

The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict is a United Nations treaty that was adopted in 2000 and ratified by Pakistan in 2016. It is a legally binding international instrument that aims to protect children from the harmful effects of armed conflict and prevent their involvement in hostilities.

The protocol obligates states parties to take all feasible measures to ensure that children under the age of 18 are not recruited or used in hostilities. It requires states parties to raise the minimum age for voluntary recruitment into their national armed forces to at least 18 years of age, and to take measures to prevent and criminalize the recruitment and use of children by non-state armed groups.

The protocol also obligates states parties to provide assistance for the physical and psychological recovery and social reintegration of children who have been victims of armed conflict, and to take measures to prevent the abduction, sale, or trafficking of children for any purpose.

The protocol establishes a Committee on the Rights of the Child, which is composed of independent experts and is responsible for monitoring the implementation of the protocol by states parties. The committee reviews periodic reports submitted by states parties and issues recommendations and general comments on the implementation of the protocol.

Click here to read the complete document.

Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography (CRC-OP-SC)

The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography is a United Nations treaty that was adopted in 2000 and ratified by Pakistan in 2011. It is a legally binding international instrument that aims to protect children from exploitation and abuse, particularly in the context of the sale of children, child prostitution, and child pornography.

The protocol obligates states parties to take all necessary measures to prevent and prohibit the sale of children, child prostitution, and child pornography. It requires states parties to criminalize these practices and to provide appropriate penalties for those who engage in them. It also obligates states parties to provide assistance to child victims, including access to physical and psychological recovery and social reintegration services.

The protocol recognizes the importance of international cooperation in preventing and combating the sale of children, child prostitution, and child pornography, and obligates states parties to cooperate with each other and with international organizations in this regard.

The protocol establishes a Committee on the Rights of the Child, which is composed of independent experts and is responsible for monitoring the implementation of the protocol by states parties. The committee reviews periodic reports submitted by states parties and issues recommendations and general comments on the implementation of the protocol.

Click here to read the complete document.

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW)

The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) is an essential international human rights treaty adopted by the United Nations General Assembly in 1990. The CMW aims to protect and promote the rights of migrant workers and their families, recognizing the unique vulnerabilities and challenges they face. The convention defines a migrant worker as any person who migrates to another country for work, along with their family members. It encompasses both documented and undocumented migrant workers, ensuring that their human rights are respected and upheld regardless of their legal status. 

The CMW sets out a comprehensive range of rights that apply to migrant workers, including the right to fair wages and working conditions, social security, access to justice, and freedom from exploitation and discrimination. It emphasizes that migrant workers should be treated with dignity and respect, and their rights should be on par with those of nationals in the host country. The convention also recognizes the importance of reuniting families and safeguarding the rights of migrant workers’ family members, who often face challenges related to family life and reunification.

States that have ratified the CMW are obliged to take measures to ensure that the rights enshrined in the treaty are protected and fulfilled for all migrant workers and their families within their jurisdiction. This includes providing appropriate legal and administrative mechanisms to address violations of their rights and to facilitate access to justice. The CMW also establishes a committee of independent experts, the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, to oversee the implementation of the convention and review state reports on their compliance with its provisions.

The CMW represents an essential step in advancing the protection of migrant workers’ human rights on a global scale. It addresses the particular challenges faced by this vulnerable group and reinforces the principle that all individuals, regardless of their nationality or migration status, are entitled to fundamental rights and dignified treatment. By ratifying and implementing the CMW, states reaffirm their commitment to upholding human rights for all, irrespective of their migratory status, and contribute to the development of a more just and inclusive world.

Click here to read the complete document.

Pakistan has not ratified this convention.

Convention on the Rights of Persons with Disabilities (CRPD)

The Convention on the Rights of Persons with Disabilities (CRPD) is a United Nations treaty that was adopted in 2006 and ratified by Pakistan in 2011. It is a legally binding international instrument that recognizes the inherent dignity and worth of every individual and promotes the full and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities.

The CRPD defines persons with disabilities as “those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.”

The CRPD obligates states parties to take effective measures to ensure that persons with disabilities enjoy their human rights and fundamental freedoms on an equal basis with others, including the right to education, employment, health care, and political participation. It requires states parties to eliminate discrimination and promote accessibility in all areas of life, including transportation, information, and communication.

The CRPD recognizes the importance of international cooperation in achieving the full realization of the rights of persons with disabilities and obligates states parties to cooperate with each other and with international organizations in this regard.

The CRPD establishes a Committee on the Rights of Persons with Disabilities, which is composed of independent experts and is responsible for monitoring the implementation of the convention by states parties. The committee reviews periodic reports submitted by states parties and issues recommendations and general comments on the implementation of the convention.

Click here to read the complete document.

Convention for the Protection of All Persons from Enforced Disappearance (CED)

The Convention for the Protection of All Persons from Enforced Disappearance (CED) is a significant United Nations human rights treaty adopted in 2010 to address the grave human rights violation of enforced disappearance. Enforced disappearance refers to the arrest, detention, abduction, or any other form of deprivation of liberty perpetrated by state officials or individuals acting on behalf of the state, followed by the refusal to acknowledge the person’s fate or whereabouts, placing the victim outside the protection of the law. 

The CED provides a comprehensive definition of enforced disappearance and establishes specific obligations for states to prevent, investigate, and address such occurrences. States that have ratified the CED are required to take effective measures to combat enforced disappearances, hold perpetrators accountable through fair and impartial prosecutions, and provide remedies and reparations to victims and their families.

Certain rights enshrined in the CED, such as the right to be free from enforced disappearance and the right to recognition as a person before the law, are considered non-derogable, meaning they cannot be suspended under any circumstances. This underscores the gravity of the violation and the importance of safeguarding individuals’ fundamental rights even in times of crisis or emergency.

The CED allows states to exercise jurisdiction over cases of enforced disappearance that occur within their territory or by their nationals, regardless of where the crime was committed. This enables states to pursue justice and accountability even in situations where the crime transcends national borders.

By ratifying and implementing the CED, states commit to eradicating enforced disappearances, promoting transparency and accountability within their law enforcement and security apparatus, and upholding the rights and dignity of all individuals. The CED complements other core human rights treaties and strengthens the international human rights framework’s efforts to protect individuals from one of the most egregious violations of their rights.

Click here to read the complete document.

Pakistan has not ratified this convention.

Acceptance of individual complaints procedures for Pakistan

Individual complaints procedure under the Convention against Torture (CAT, Art.22)

Article 22 of the Convention against Torture (CAT) establishes an individual complaints procedure for victims of torture or other cruel, inhuman or degrading treatment or punishment. Under the individual complaints procedure, individuals or groups of individuals who claim to be victims of torture or other ill-treatment can submit complaints to the Committee against Torture, which is a body of independent experts established under the CAT. The complaints can be submitted only after all available domestic remedies have been exhausted or have been deemed ineffective or unreasonably prolonged.

The Committee against Torture considers the admissibility and merits of the complaints and issues recommendations to the State party concerned. The State party is required to provide a written response within six months, and the Committee may request further information or engage in a dialogue with the parties. The Committee’s recommendations are not legally binding, but they carry moral authority and can be used as a basis for further advocacy and legal action.

Pakistan has not accepted this individual complaints procedure

Optional Protocol to the International Covenant on Civil and Political Rights (CCPR-OP1)

The Optional Protocol to the International Covenant on Civil and Political Rights (CCPR-OP1) is an international human rights treaty that provides an additional mechanism for individuals to seek redress for violations of their civil and political rights. The CCPR-OP1 allows individuals to submit complaints to the Human Rights Committee, which is a body of independent experts established under the ICCPR, alleging violations of their rights under the ICCPR by a State party. The complaints can be submitted only after all available domestic remedies have been exhausted or have been deemed ineffective or unreasonably prolonged.

The Human Rights Committee considers the admissibility and merits of the complaints and issues views, which are not legally binding but carry moral authority. The views can include recommendations to the State party concerned, such as providing remedies for the victim, conducting investigations, or taking measures to prevent similar violations in the future.

Pakistan has not accepted this individual complaints procedure

Individual complaints procedure under the International Convention for the Protection of All Persons from Enforced Disappearance (CED, Art.31)

Article 31 of the International Convention for the Protection of All Persons from Enforced Disappearance (CED) establishes an individual complaints procedure for victims or their representatives to submit complaints alleging violations of their rights under the Convention. Under the individual complaints procedure, individuals or groups of individuals who claim to be victims of enforced disappearance or their representatives can submit complaints to the Committee on Enforced Disappearances. The complaints can be submitted only after all available domestic remedies have been exhausted or have been deemed ineffective or unreasonably prolonged.

The Committee on Enforced Disappearances considers the admissibility and merits of the complaints and issues views, which are not legally binding but carry moral authority. The views can include recommendations to the State party concerned, such as providing remedies for the victim, conducting investigations, or taking measures to prevent similar violations in the future.

Since Pakistan didn’t ratified Convention for the Protection of All Persons from Enforced Disappearance (CED), it has also not accepted this individual complaints procedure.

Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW-OP)

The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW-OP) is an international human rights treaty that provides an additional mechanism for individuals to seek redress for violations of their rights under the Convention. The CEDAW-OP allows individuals or groups of individuals who claim to be victims of violations of their rights under the Convention to submit complaints to the Committee on the Elimination of Discrimination against Women. The complaints can be submitted only after all available domestic remedies have been exhausted or have been deemed ineffective or unreasonably prolonged.

The Committee on the Elimination of Discrimination against Women considers the admissibility and merits of the complaints and issues views, which are not legally binding but carry moral authority. The views can include recommendations to the State party concerned, such as providing remedies for the victim, conducting investigations, or taking measures to prevent similar violations in the future.

Pakistan has not accepted this individual complaints procedure

Individual complaints procedure under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD, Art.14)

Article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) establishes an individual complaints procedure for victims of racial discrimination to submit complaints alleging violations of their rights under the Convention. 

Under the individual complaints procedure, individuals or groups of individuals who claim to be victims of racial discrimination can submit complaints to the Committee on the Elimination of Racial Discrimination. The complaints can be submitted only after all available domestic remedies have been exhausted or have been deemed ineffective or unreasonably prolonged.

The Committee on the Elimination of Racial Discrimination considers the admissibility and merits of the complaints and issues views, which are not legally binding but carry moral authority. The views can include recommendations to the State party concerned, such as providing remedies for the victim, conducting investigations, or taking measures to prevent similar violations in the future.

This Individual complaint procedure is not yet applicable to Pakistan

Optional protocol to the International Covenant on Economic, Social and Cultural Rights (CESCR-OP)

The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (CESCR-OP) is an international human rights treaty that provides an additional mechanism for individuals to seek redress for violations of their economic, social, and cultural rights.

The CESCR-OP allows individuals or groups of individuals who claim to be victims of violations of their economic, social, and cultural rights under the ICESCR to submit complaints to the Committee on Economic, Social and Cultural Rights. The complaints can be submitted only after all available domestic remedies have been exhausted or have been deemed ineffective or unreasonably prolonged.

The Committee on Economic, Social and Cultural Rights considers the admissibility and merits of the complaints and issues findings, which are not legally binding but carry moral authority. The findings can include recommendations to the State party concerned, such as providing remedies for the victim, conducting investigations, or taking measures to prevent similar violations in the future.

Pakistan has not accepted this individual complaints procedure

Individual complaints procedure under the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW, Art.77)

Article 77 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) establishes an individual complaints procedure for migrant workers or their representatives to submit complaints alleging violations of their rights under the Convention. The CMW is an international human rights treaty that aims to protect the rights of migrant workers and members of their families, including their social, economic, and cultural rights.

Under the individual complaints procedure, migrant workers or their representatives who claim to be victims of violations of their rights under the Convention can submit complaints to the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families. The complaints can be submitted only after all available domestic remedies have been exhausted or have been deemed ineffective or unreasonably prolonged.

Since Pakistan didn’t ratified Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, it has also not accepted this individual complaints procedure.

Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (CRC-OP-IC)

The Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure is an international human rights treaty that establishes a mechanism for individuals or groups to submit complaints to the Committee on the Rights of the Child alleging violations of the Convention on the Rights of the Child. The Convention on the Rights of the Child is a core human rights treaty that sets out a range of rights for children that States parties are obliged to respect and protect.

The Communications Procedure allows individuals or groups to submit complaints to the Committee on the Rights of the Child if they believe that their rights under the Convention have been violated by a State party. The complaints can be submitted only after all available domestic remedies have been exhausted or have been deemed ineffective or unreasonably prolonged.

Pakistan has not accepted this individual complaints procedure

Optional protocol to the Convention on the Rights of Persons with Disabilities (CRPD-OP)

The Optional Protocol to the Convention on the Rights of Persons with Disabilities establishes an additional mechanism for individuals or groups to submit complaints to the Committee on the Rights of Persons with Disabilities alleging violations of the Convention by a State party. The complaints can be submitted only after all available domestic remedies have been exhausted or have been deemed ineffective or unreasonably prolonged.

The Committee on the Rights of Persons with Disabilities considers the admissibility and merits of the complaints and issues views, which are not legally binding but carry moral authority. The views can include recommendations to the State party concerned, such as providing remedies for the victim, conducting investigations, or taking measures to prevent similar violations in the future.

Pakistan has not accepted this individual complaints procedure

Acceptance of the inquiry procedure for Pakistan

Inquiry procedure under the Convention against Torture (CAT, Art.20)

Article 20 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) establishes an inquiry procedure for the Committee against Torture to investigate situations of systematic torture or other forms of cruel, inhuman or degrading treatment or punishment in a State party. 

Under the inquiry procedure, the Committee against Torture may initiate an inquiry if it receives reliable information indicating that systematic torture or other forms of cruel, inhuman or degrading treatment or punishment are being practiced in a State party. The inquiry aims to establish the facts and circumstances surrounding the violations and to make recommendations to the State party concerned on measures to address the violations and prevent their recurrence.

The inquiry procedure is conducted confidentially, and the State party concerned is requested to cooperate with the Committee by providing information and facilitating the visit of a Committee delegation if necessary. The Committee may also consult with other relevant UN bodies and organizations and may request additional information from non-governmental organizations and other sources.

Pakistan has not accepted this inquiry procedure

CED, Art.33 – Inquiry procedure under the International Convention for the Protection of All Persons from Enforced Disappearance

Article 33 of the International Convention for the Protection of All Persons from Enforced Disappearance (CED) establishes an inquiry procedure for cases of enforced disappearance. Under the inquiry procedure, any State party to the CED can request the Committee on Enforced Disappearances to undertake an inquiry into a situation of enforced disappearance in another State party. The Committee may also initiate an inquiry on its own initiative if it receives reliable information indicating a situation of enforced disappearance.

The inquiry is conducted by a rapporteur or a working group of the Committee, and it may include visits to the concerned State party and meetings with relevant authorities and other stakeholders. The objective of the inquiry is to establish the facts and circumstances surrounding the enforced disappearance, to identify those responsible, and to make recommendations to the State party concerned on measures to prevent and address enforced disappearances.

The State party concerned is required to cooperate with the inquiry, to provide access to relevant information and persons, and to take appropriate measures to protect the safety and integrity of those involved in the inquiry. The Committee may also request the assistance of other international organizations, such as the United Nations or the International Committee of the Red Cross, in carrying out the inquiry.

Since Pakistan didn’t ratified Convention for the Protection of All Persons from Enforced Disappearance (CED), it has also not accepted this individual inquiry procedure.

Inquiry procedure under the Optional protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW-OP, Art. 8-9)

Article 8 and 9 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW-OP) establish an inquiry procedure for the Committee on the Elimination of Discrimination against Women to investigate grave or systematic violations of women’s rights in a State party. 

Under the inquiry procedure, the Committee may initiate an inquiry if it receives reliable information indicating that grave or systematic violations of women’s rights are being practiced in a State party. The inquiry aims to establish the facts and circumstances surrounding the violations and to make recommendations to the State party concerned on measures to address the violations and prevent their recurrence.

The inquiry procedure is conducted confidentially, and the State party concerned is requested to cooperate with the Committee by providing information and facilitating the visit of a Committee delegation if necessary. The Committee may also consult with other relevant UN bodies and organizations and may request additional information from non-governmental organizations and other sources.

Pakistan has not accepted this inquiry procedure

Inquiry procedure under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (CESCR-OP, Art.11)

The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (CESCR-OP) establishes an inquiry procedure under Article 11 to investigate allegations of violations of economic, social and cultural rights.

It allows the Committee on Economic, Social and Cultural Rights (CESCR Committee) to initiate an inquiry into “grave or systematic” violations of any of the rights set forth in the International Covenant on Economic, Social and Cultural Rights (ICESCR). The inquiry procedure can only be initiated if at least one-third of the CESCR Committee members request it. The CESCR Committee bases its decision on reliable information indicating such violations by a state party to the CESCR-OP.

If the CESCR Committee decides to initiate an inquiry, it will notify the concerned state party and seek explanations or comments. The state party must then cooperate with the inquiry and provide all relevant information within the time period specified by the CESCR Committee. The CESCR Committee may also conduct a visit to the territory of the concerned state party with its consent. After examining all information received, the CESCR Committee will transmit its findings and recommendations to the state party in a report. The state party will then have 6 months to submit observations and information on measures taken in response to the CESCR Committee’s recommendations.

Pakistan has not accepted this inquiry procedure

Inquiry procedure under the Optional Protocol to the Convention on the Rights of the Child (CRC-OP-IC, Art.13)

Article 13 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (CRC-OP-AC) establishes a mechanism for the Committee on the Rights of the Child to investigate serious and systemic violations of the rights of children.

Under this procedure, the Committee can launch an investigation if it receives credible information that indicates that the rights of children are being seriously and systematically violated in a State party. The aim of the investigation is to establish the facts and circumstances of the violations and to make recommendations to the State party on measures to address the violations and prevent their recurrence.

The inquiry is conducted confidentially, and the State party is asked to cooperate with the Committee by providing information and facilitating a visit by a Committee delegation if necessary. The Committee may also consult with other relevant UN bodies and organizations and may request additional information from non-governmental organizations and other sources.

The findings of the inquiry are presented in a report to the State party, which is asked to provide its observations on the report. The report and the observations of the State party are then considered by the Committee, which may make recommendations to the State party on measures to address the violations and prevent their recurrence.

Pakistan has not accepted this inquiry procedure

Inquiry procedure under the Convention on the Rights of Persons with Disabilities (CRPD-OP, Art.6-7)

The Convention on the Rights of Persons with Disabilities (CRPD) contains an inquiry procedure under Articles 6 and 7 to investigate violations of the rights of persons with disabilities. Article 6 establishes an inquiry procedure to be carried out by the Committee on the Rights of Persons with Disabilities (Committee). The Committee may initiate an inquiry if it receives reliable information indicating “grave or systematic violations” by a State Party of rights set forth in the CRPD.

The inquiry may be initiated if at least one third of the Committee members so request. The Committee will then notify the State Party concerned, seek explanations and comments, and consider any information provided. Article 7 outlines the inquiry process. The Committee may decide to conduct a visit to the territory of the State Party, with its consent. If a visit is made, the Committee will then transmit its findings and recommendations in a report to the State Party.

The State Party has 6 months to submit observations and information on any measures taken in response to the report. The inquiry procedure is intended to be a cooperative process that assists States in fulfilling their CRPD obligations. The inquiry mechanism helps ensure that the rights of persons with disabilities are properly implemented and enforced, and provides recourse when domestic remedies are unable to address alleged violations. The confidential nature of the inquiry aims to protect victims while encouraging State cooperation.

Pakistan has not accepted this inquiry procedure

Acceptance of the Interstate communication procedure for Pakistan

Interstate communication procedure under the International Convention for the Protection of All Persons from Enforced Disappearance (CED, Art.32)

Article 32 of the International Convention for the Protection of All Persons from Enforced Disappearance (CED) establishes an interstate communication procedure that allows States parties to bring to the attention of the Committee on Enforced Disappearances any matter relating to the implementation of the Convention by another State party.

Under the interstate communication procedure, a State party may submit to the Committee a communication alleging that another State party is failing to fulfill its obligations under the Convention. The communication must contain detailed information on the alleged violation and the efforts made to resolve the matter bilaterally.

The Committee may then consider the communication and may request additional information from the State parties concerned. The Committee may also offer its good offices to facilitate a resolution of the matter between the States parties concerned.

Since Pakistan didn’t ratified Convention for the Protection of All Persons from Enforced Disappearance (CED), it has also not accepted this interstate communication procedure.