A Digest of Case Law on the Human Rights of Women - Asia Pacific ...

CEDAW Country Ratification Report: Pakistan
An Ordinance in July 2000 created the National Commission on the Status <strong>of</strong> Women.
Although it does not mention CEDAW specifically, it lists as one <strong>of</strong> the functions <strong>of</strong>
the Commission the review <strong>of</strong> all laws, rules and regulations affecting the status and
rights <strong>of</strong> women and initiation <strong>of</strong> legislative reform to eliminate discrimination, in
accordance with the Constitution and the obligations under international covenants
and commitments.
Further, CEDAW was specifically mentioned as one <strong>of</strong> the guiding principles <strong>of</strong> the
28 April 2001 draft <strong>of</strong> the National Policy for the Development and Empowerment
<strong>of</strong> Women prepared by the Ministry <strong>of</strong> Women and Development. However, the final
version launched on 8 March 2002 deleted this reference and substituted a more
general phrase, “universally-recognised rights and responsibility-based approach”.
This national policy was launched as a statement <strong>of</strong> intent by the Government to
specify how it intended implementing the development and empowerment <strong>of</strong> women.
It was identified as an overall operating framework to include a gender perspective
in all national policies and plans.
Pakistan’s initial report to the CEDAW Committee was due in April 1997 and the
second report due in April 2001. Pakistan has not complied with any <strong>of</strong> its reporting
obligations. It stated, however, that the final draft <strong>of</strong> the initial report has been
submitted to the Pakistan Mission in New York and that it is preparing a supplement
to update the initial document before it reports to the CEDAW Committee.
Finally, the main challenge for CEDAW in Pakistan lies in finding ways to overcome
the reliance on the Constitution and current national laws as the over-arching
framework for the elimination <strong>of</strong> discrimination against women. Increased advocacy,
especially for law and policy-makers, judges, lawyers and NGOs on international
law and on the Convention’s principles and obligations will greatly assist in the
development <strong>of</strong> a new way <strong>of</strong> thinking on the relationship between CEDAW and
domestic laws.
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