NCHR report on Kasur child abuse

Islamabad: The National Commission for Human Rights has issued the report of its fact-finding mission that probed the Kasur incident of child abuse. The commission has make the following observations and recommendations:

OBSERVATIONS:

1. That, children were sexually abused in village Hussain Khan Wala, Distt Kasur on large scale since 2010.Victims and their parents were being blackmailed by the perpetrators by using the dishonourblackmail associated with sexual abuse as a bargaining chip. In this regard, it is unfortunate that parents and village residents had to take to the streets to actually get the authorities to take notice, And that too after the videos had been widely circulated. Predators like those who sexually abused the children in Kasur thrive on our state of callousness and tendency to overlook issues considered taboos here. This allowed the perpetrator to continue with their onslaught and the victim had no immediate recourse to relief or justice.
2. That, crime prevention mechanism and social protection mechanism of the State and their approaches towards situational crime prevention and social crime prevention failed in protecting innocent children and preventing their sexual abuse in District Kasur. Prima Facie it appears that policemen at Ganda Singh Wala police station showed inaptitude and failed to take cognizance of this horrific large scale abuse which amounts not only to criminal negligence rather it was connivance.
3. That inappropriate use of anti-terrorism act against complainants and inhabitants of village Hussain Khan Wala of District Kasur is causing fear of police-persecution and mistrust, leading towards social boycott to participate in investigation. The Commission welcomes the recent announcement of the Chief Minister Punjab for immediate withdrawal of cases registered under anti-terrorism act.
4. Stringent accountability action has to be taken against concerned officials both at police station level, the DPO and those on duty for special reporting. It is for consideration that the political leadership is also questioned by the Honorable Chief Minister on its inaptitude and lack of concerns for their constituency resulting in bringing a bad name.

RECOMMENDATIONS

POLICY LEVEL RECOMMENDATIONS:

1. NCHR strongly recommends the Federal Government to take steps for expeditious enactment of following pending bills;
2. The Criminal Laws Amendment Bill 2009,
3. National Commission on the Rights of Children Bill, 2009 and
4. The Charter on the Child Rights Bill, 2009.
5. To check flaws in the Police Act 2002

Apart from a number of progressive steps with regard to child protection, the bills propose amendments in the PPC to expand the definition of sexual abuse of children; criminalise child pornography and ban internal trafficking (a major contributor to organised sexual abuse of children). Unfortunately, much like society at large, the elected representatives of the people have shown strong reaction to the plight of children vulnerable to abuse and exploitation. The bill is yet to be passed by the National Assembly and Senate. It is imperative that this important piece of legislation is passed to fulfil its commitment to our children and to the international community. Where the latter is concerned, Pakistan ratified the UN Convention on the Rights of the Child and its optional protocol on the Sale of Children, Child Prostitution and Child Pornography. Both call for Pakistan to take effective legislative and administrative steps to curb child sexual abuse.

2. NCHR recommends that child protection system should be reviewed and reformed in compliance with the provisions of the CRC. Budgetary provisions will be increased for child protection and appropriate administrative actions will be taken for child protection and assistance. Government of Pakistan should take all necessary steps to adopt and implements National Plan of Action for Children and National Child Protection Policy at Federal, Provincial and Local levels in accordance with the concluding observations of the Committee on the Rights of the Child.
3. NCHR recommends that Federal and Provincial governments should promote public awareness about child rights and child protection issues in collaboration with all relevant stakeholders including CSOs. Law enforcing agencies, prosecution, judiciary, lawyers and social welfare departments should be sensitized at Federal, Provincial and district levels. Physo-social treatment and counseling for victims and their families should be developed systematically.
4. NCHR requests the people representation and religious leaders to get sensitized and play their due role to stop recession of our moral values and to keep a vigil over rough elements in the society.
5. The NCHR expects of the Federal Government and the Provincial Government to review all Police laws as these have not changed the abhorrent police culture nor has made this institution worthy of trust.
6. The NCHR requests the Punjab Government to establish a Trauma and Counseling Centre at Kasur.

SPECIFIC RECOMMENDATIONS TO KASUR INCIDENT:

1. NCHR will write to Police Department Punjab to investigate callously inaptitude and criminal negligence rather connivance of police in preventing this child sexual abuse and prosecute all those who were involved and responsible. NCHR will monitor the proceedings. It will also monitor the investigation and proceedings of Joint Investigation Committee and progress report will be sought from Chief Secretary Punjab on monthly basis. Frequent interaction with Joint Investigation Committee will be ensured through IG Police office Punjab.
2. NCHR will write to Prosecutor General of Punjab office to appoint well trained and experienced prosecutors and progress on prosecution legal and judicial proceedings be monitored.
3. NCHR will work with DCO & DPO Kasur for trauma counseling of victims and their families in collaboration with civil society organisations and representatives of local peoples.

Category: Media Monitoring