Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings
There were numerous reports that the government or its agents committed arbitrary or unlawful killings. Security forces reportedly committed extrajudicial killings in connection with conflicts throughout the country (see section 1.g.).
On January 13, police in Karachi (Sindh) shot and killed a Pashtun man, Naqeebullah Mehsud, in what Karachi police authorities initially claimed was a counterterror operation. According to Mehsud’s family, he had been detained 10 days earlier. Pakistan’s National Commission for Human Rights–an independent government body charged with investigating alleged human rights abuses–concluded police staged a fake raid in order to carry out Mehsud’s extrajudicial killing. Furthermore, the report linked then-Senior Superintendent of Police for Karachi’s Malir District, Rao Anwar, to the deaths of at least 444 individuals in similar staged police encounters. The Supreme Court ordered Sindh’s Police Inspector General to conduct an immediate inquiry into the killing and Anwar’s role. Authorities removed Anwar from his position. He fled and was eventually arrested. He was subsequently released on bail, and his trial was ongoing as of December 3.
Physical abuse while in official custody allegedly caused the death of some criminal suspects. Lengthy trial delays and failure to discipline and prosecute those responsible for killings contributed to a culture of impunity. In February police officers in Rawalpindi reportedly entered a home without a warrant, detained a resident, and beat him to death while in custody at a police station. The four officers who entered the young man’s home without a warrant were suspended from duty pending an investigation of the incident, but it was unclear as of November whether any further action was taken in the case.
On January 10, police in Kasur (Punjab) reportedly fired live rounds into a crowd that stormed a police station in protest against a series of unsolved rapes and killings of children in the district. Two civilians died and one was wounded in the incident. Police officials claimed protesters shot first at police.
There were numerous reports of fatal attacks against police. On January 9, a vehicle rammed a police checkpoint outside the Balochistan Provincial Assembly, killing five police officers in the resulting explosion. Tehreek-e-Taliban Pakistan (TTP) claimed responsibility, saying the police–not the Assembly–were the intended targets. In March, three police officers were killed when an improvised explosive device (IED) targeted a police convoy in Punjab province. On April 24, 10 police officers died in three separate suicide attacks in Balochistan. Hizbul Ahrar, a TTP splinter group, claimed responsibility for all three attacks. In August, two terrorists attacked a police checkpoint in the Gilgit Baltistan region, killing three police officers.
Militants and terrorist groups killed hundreds and injured thousands with bombs, suicide attacks, and other violence (see section 1.g.).
e. Denial of Fair Public Trial
The law provides for an independent judiciary, but according to NGOs and legal experts, the judiciary often was subject to external influences, such as fear of reprisal from extremist elements in terrorism or blasphemy cases and public politicization of high-profile cases. Civil society organizations reported judges were reluctant to exonerate individuals accused of blasphemy, fearing vigilante violence. The media and the public generally considered the high courts and the Supreme Court credible.
Extensive case backlogs in the lower and superior courts undermined the right to effective remedy and to a fair and public hearing. Antiquated procedural rules, unfilled judgeships, poor case management, and weak legal education caused delays in civil and criminal cases. The Lahore High Court took steps to improve judicial efficiency. In 2017 the court’s chief justice introduced legal reforms intended to reduce strikes and formalized an alternate dispute resolution (ADR) system. ADR centers received 16,010 cases as of October 12, and had resolved 4,885.
The jurisdiction of the Supreme Court and the high courts does not extend to several areas that operated under separate judicial systems. For example, Azad Kashmir area (AK) has its own elected president, prime minister, legislature, and court system. Gilgit-Baltistan also has a separate judicial system.
Many lower courts remained corrupt, inefficient, and subject to pressure from wealthy persons and influential religious or political figures.
There were incidents of unknown persons threatening or killing witnesses, prosecutors, or investigating police officers in high-level cases. On April 14, three Balochistan police officials were arrested for pressuring a rape victim to withdraw her allegations, after a medical examination corroborated the victim’s allegations.
The use of informal justice systems that lacked institutionalized legal protections continued, especially in rural areas, and often resulted in human rights abuses. Large landholders and other community leaders in Sindh and Punjab and tribal leaders in Pashtun and Baloch areas sometimes held local council meetings (panchayats or jirgas) outside the established legal system. Such councils settled feuds and imposed tribal penalties, including fines, imprisonment, and sometimes the death penalty. These councils often sentenced women to violent punishment or death for so-called honor-related crimes. In the former FATA, such councils were held under FIGR or FCR guidelines. Assistant commissioners (previously known as assistant political agents), supported by tribal elders of their choosing, are legally responsible for justice in the former FATA and conducted hearings according to their interpretation of Islamic law and tribal custom.
The civil, criminal, and family court systems provide for a fair trial and due process, presumption of innocence, cross-examination, and appeal. There are no trials by jury. Although defendants have the right to be present and consult with an attorney, courts must appoint attorneys for indigents only in capital cases. Defendants generally bear the cost of legal representation in lower courts, but a lawyer may be provided at public expense in appellate courts. Defendants may confront or question prosecution witnesses and present their own witnesses and evidence. Due to the limited number of judges, a heavy backlog of cases, lengthy court procedures, frequent adjournment, and political pressure, cases routinely lasted for years, and defendants made frequent court appearances.
The Society for the Protection of the Rights of the Child noted that police lacked training to properly handle child delinquency, and cited reports of police brutality against juveniles. Many juveniles spent long periods behind bars because they could not afford bail.
In May, Parliament passed the Juvenile Justice System Act, replacing the 2000 Juvenile Justice System Ordinance. The new law mandates the creation of juvenile courts and “juvenile justice committees,” intended to expedite the administration of justice for minors by resolving cases that involve minor offenses without resorting to formal judicial proceedings. Despite a directive that these courts and committees be established within three months of the law’s passage, as of November 28, the government had not done so.
Both the new law and the previous 2000 Juvenile Justice System Ordinance ban the use of the death penalty for minors, yet children were sentenced to death under the Antiterrorism Act. Furthermore, lack of documentation made determining the ages of possible minors problematic.
There were instances of lack of transparency in court cases, particularly if the case involved high-profile or sensitive issues such as blasphemy. NGOs reported the government often located such trials in jails due to concerns for the safety of defendants, lawyers, judges, prosecutors, and witnesses. Although these safety concerns were well-founded, NGOs expressed concerns about both transparency issues and the lack of privacy for defendants to consult with their lawyers during jail trials.
The Antiterrorism Act allows the government to use special, streamlined antiterrorism courts (ATCs) to try persons charged with terrorist activities and sectarian violence. In other courts, suspects must appear within seven working days of their arrest, but ATCs are free to extend that period. Human rights activists criticized this parallel system, charging it was more vulnerable to political manipulation. According to a February report by the Research Society of International Law, when authorities were under political and media pressure to expedite cases they often referred them ATCs, even if they had no terrorism nexus. The frequent use of ATCs for nonterrorism cases led to significant backlogs, and despite being comparatively faster than the regular court system, ATCs often failed to meet speedy trial standards.
The government continued to utilize military courts to try civilians on terrorism and related charges. Trials in military courts are not public (see section 1.d.).
The Federal Shariat Court typically reviewed cases prosecuted under the Hudood Ordinance, a law enacted in 1979 by military leader Muhammad Zia-ul-Haq to implement a strict interpretation of Islamic law by punishing extramarital sex, false accusations of extramarital sex, theft, and alcohol consumption. Should a provincial high court decide to hear an appeal in a Hudood case, the Shariat Court lacks authority to review the provincial high court’s decision. The Supreme Court may bypass the Shariat Appellate Bench and assume jurisdiction in such appellate cases. The Federal Shariat Court may overturn legislation judged inconsistent with Islamic tenets, but such decisions may be appealed to the Shariat Appellate Bench of the Supreme Court and ultimately may be heard by the full bench of the Supreme Court.
Courts routinely failed to protect the rights of religious minorities. Courts discriminatorily used laws prohibiting blasphemy against Shia, Christians, Ahmadis, and members of other religious minority groups. Lower courts often did not require adequate evidence in blasphemy cases, and some convicted persons spent years in jail before higher courts eventually overturned their convictions or ordered their release.
In a landmark case, On October 31, the Supreme Court acquitted Asia Bibi, a Christian woman sentenced to death for blasphemy in 2010. In the wake of widespread protests by antiblasphemy groups following the decision, the government agreed not to oppose a petition seeking additional review of her case, further postponing final resolution of the case. Bibi was released from prison, but as of December 3 was widely believed to remain in government custody for her own protection, and the judicial review was pending.
In some cases, police arrested individuals after acts of vigilantism related to blasphemy or religious discrimination. In February an ATC convicted 31 individuals for their role in the 2017 mob lynching of university student Mashal Khan for allegedly committing blasphemy. The ATC sentenced the primary shooter to death, sentenced five others to life in prison, and 25 individuals to four years’ imprisonment, although the Peshawar High Court later suspended the sentences and released on bail the 25 individuals.
Also see the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.
POLITICAL PRISONERS AND DETAINEES
Some Sindhi and Baloch nationalist groups claimed that authorities detained their members based on political affiliation or beliefs. Under the 2009 Aghaz-e-Haqooq (“beginning of the rights”) Balochistan legislative package of reforms (intended to address the province’s political, social, and economic problems), the government announced a general amnesty for all Baloch political prisoners, leaders, and activists in exile as well as those allegedly involved in “antistate” activities. In 2015 the federal and Balochistan provincial governments jointly announced a new peace package called “Pur Aman Balochistan” (“peaceful Balochistan”), intended to offer cash and other incentives for “militants” who wished to rejoin mainstream society. Despite the amnesty offers, illegal detention of Baloch leaders and the disappearance of private Baloch citizens continued. During an August 15 National Assembly session Akhtar Mengal, leader of the Balochistan National Party-Mengal, raised the issue of disappearances in Balochistan, claiming there were five thousand missing citizens in his province.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
Individuals may petition the courts to seek redress for various human rights violations, and courts often took such actions. Individuals may seek redress in civil courts against government officials, including on grounds of denial of human rights. Observers reported that civil courts seldom issued official judgments in such cases, and most cases were settled out of court. Although there were no official procedures for administrative redress, informal reparations were common. Individuals and organizations could not appeal adverse decisions to international human rights bodies, although some NGOs submitted human rights “shadow reports” to the United Nations and other international actors.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The law requires court-issued warrants for property searches. Police sometimes ignored this requirement and on occasion reportedly stole items during searches. Authorities seldom punished police for illegal entry. Police at times detained family members to induce a suspect to surrender. In cases pursued under the Antiterrorism Act, law enforcement agencies have additional powers, including that of search and seizure without a warrant of property related to a case.
Several domestic intelligence services monitored politicians, political activists, suspected terrorists, NGOs, employees of foreign entities, and media professionals. These services included the Inter-Services Intelligence, Police Special Branch, the Intelligence Bureau, and Military Intelligence. There were credible reports authorities routinely used wiretaps, monitored cell phone calls, intercepted electronic correspondence, and opened mail without court approval.
Section 2. Respect for Civil Liberties, Including:
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: Rape is a criminal offense, with punishment that ranges from a minimum of 10 to 25 years in prison and a fine, to the death penalty. The penalty for gang rape is death or life imprisonment. The law does not explicitly criminalize spousal rape, and defines rape as a crime committed by a man against a woman. Although rape was frequent, prosecutions were rare. In 2016 Parliament passed an antirape law that provides for collection of DNA evidence and includes nondisclosure of a rape victim’s name, the right to legal representation of rape victims, and enhanced penalties for rape of victims with mental or physical disabilities.
The government did not effectively enforce the 2006 Women’s Protection Act, which brought the crime of rape under the jurisdiction of criminal rather than Islamic courts. By law police are not allowed to arrest or hold a female victim overnight at a police station without a civil court judge’s consent. The law requires a victim to complain directly to a sessions court, which is considered a trial court for heinous offenses. After recording the victim’s statement, the sessions court judge officially lodges a complaint, after which police may then make arrests. NGOs reported the procedure created barriers for rape victims who could not afford to travel to or access the courts. NGOs reported that rape was a severely underreported crime.
In 2016 the provincial government of Punjab passed the Punjab Protection of Women against Violence Act to provide greater legal protections for domestic abuse victims, including judicial protective orders and access to a new network of district-level women’s shelters, the first of which was inaugurated in Multan in March 2017. The center provided women a range of services including assistance with the completion of first information reports regarding the crimes committed against them, first aid, medical examinations, post-trauma rehabilitation, free legal services, and a shelter home.
There were no reliable national, provincial, or local statistics on rape due to underreporting and a lack of any centralized law enforcement data collection system.
Prosecutions of reported rapes were rare, although there were reports that rates increased in response to capacity building programs and campaigns to combat the lack of awareness about rape and gender-based violence among the general public and police. Police and NGOs reported individuals involved in other types of disputes sometimes filed false rape charges, reducing the ability of police to identify legitimate cases and proceed with prosecution. NGOs reported police sometimes accepted bribes from perpetrators, abused or threatened victims, and demanded they drop charges, especially when suspected perpetrators were influential community leaders. Some police demanded bribes from victims before registering rape charges, and investigations were often superficial. Furthermore, accusations of rape were often resolved using extrajudicial measures, with the victim frequently forced to marry her attacker.
The use of post-rape medical testing increased, but medical personnel in many areas did not have sufficient training or equipment, which further complicated prosecutions. Most victims of rape, particularly in rural areas, did not have access to the full range of treatment services. There were a limited number of women’s treatment centers, funded by both the federal government and international donors. These centers had partnerships with local service providers to create networks that delivered a full spectrum of essential services to rape victims.
No specific federal law prohibits domestic violence, which was widespread. Forms of domestic violence reportedly included beating, physical disfigurement, shaving of women’s eyebrows and hair, and–in extreme cases–homicide. In-laws frequently abused and harassed the wives of their sons. Dowry and other family-related disputes sometimes resulted in death or disfigurement by burning or acid.
Women who tried to report abuse often faced serious challenges. Police and judges were sometimes reluctant to take action in domestic violence cases, viewing them as family problems. Instead of filing charges, police typically responded by encouraging the parties to reconcile. Authorities routinely returned abused women to their abusive family members.
To address societal norms that disapprove of victims who report gender-based violence and abuse, the government established women’s police stations, staffed by female officers, to offer women a safe place to report complaints and file charges. These women’s police stations, however, were limited in number and, as with most police stations, faced financial and human resource shortages.
The government continued to operate the Crisis Center for Women in Distress, which referred abused women to NGOs for assistance. Numerous government-funded Shaheed Benazir Bhutto Centers for Women across the country provided legal aid, medical treatment, and psychosocial counseling. These centers served women who were victims of exploitation and violence. Victims later were referred to dar-ul-amans, shelter houses for abused women and children, of which there were several hundred around the country. The dar-ul-amans also provided access to medical treatment. According to NGOs, the shelters did not offer other assistance to women, such as legal aid or counseling, and often served as halfway homes for women awaiting trial for adultery, even though they were the victims of rape and domestic abuse.
Government centers lacked sufficient space, staff, and resources. Many daru-ul-amans were severely overcrowded, with conditions that did not meet international standards. Some shelters did not offer access to basic needs such as showers, laundry supplies, or feminine hygiene products. In some cases, women were reportedly abused at the government-run shelters, their movements were severely restricted, or they were pressured to return to their abusers. There were some reports of women exploited in prostitution and sex trafficking in shelters. Some shelter staff reportedly discriminated against the shelter residents, assuming that if a woman fled her home, it was because she was a woman of ill repute.
Female Genital Mutilation/Cutting (FGM/C): No national law addresses the practice of FGM/C. According to human rights groups and media reports, many Dawoodi Bohra Muslims practiced various forms of FGM/C. Some Dawoodi Bohras spoke publicly and signed online petitions against the practice. Some other isolated tribes and communities in rural Sindh and Balochistan also reportedly practiced FGM/C.
Other Harmful Traditional Practices: Women were victims of various types of societal violence and abuse, including so-called honor killings, forced marriages and conversions, imposed isolation, and being used as chattel to settle tribal disputes.
A 2004 law on honor killings, the 2011 Prevention of Antiwomen Practices Act, and the 2016 Criminal Law Amendment (Offenses in the Name or Pretext of Honor) Act criminalize acts committed against women in the name of traditional practices. Despite these laws, hundreds of women reportedly were victims of so-called honor killings, and many cases went unreported and unpunished. In many cases, the male involved in the alleged “crime of honor” was allowed to flee. Because these crimes generally occurred within families, many went unreported. Police and NGOs reported that increased media coverage enabled law enforcement officials to take some action against these crimes.
On April 6, in Khairpur, Sindh, a man killed his pregnant sister after she married a man from another caste. The killing occurred the day before the victim was scheduled to appear before a local Jirga on accusations of “impurity.” On March 14, a man in Badin District in southern Sindh killed his wife, claiming she “did not maintain good character.” In July a police constable in KP’s Mustarzai village electrocuted his wife to death in an apparent “honor” killing. Authorities arrested the accused but it was unclear if a legal case was registered against him. In September, an 18-year-old girl and her 21-year-old boyfriend were beheaded by the girl’s father and uncle in what media reports described as an honor killing. Police arrested both suspects and registered a murder case against them.
There were reports that the practice of cutting off a woman’s nose or ears, especially in connection with so-called honor crimes, continued and legal repercussions were rare.
In 2017 Parliament passed the federal Hindu Marriage Act. The national law codified the legal mechanisms to register Hindu marriages and to prove the legitimacy of Hindu marriages under the law. Leaders in the Hindu community said they generally viewed the legislation as a positive step toward preventing forced marriages of Hindus to Muslims, but the law contained one worrisome provision allowing for the termination of the marriage upon the conversion of one party to a religion other than Hinduism. A similar provision was included in Sindh’s 2016 Hindu Marriage Act.
The 2011 Prevention of Antiwomen Practices Amendment Act criminalizes and punishes the giving of a woman in marriage to settle a civil or criminal dispute; depriving a woman of her rights to inherit movable or immovable property by deceitful or illegal means; coercing or in any manner compelling a woman to enter into marriage; and compelling, arranging, or facilitating the marriage of a woman with the Quran, including forcing her to take an oath on the Quran to remain unmarried or not to claim her share of an inheritance. Although prohibited by law, these practices continued in some areas.
The law makes maiming or killing using a corrosive substance a crime and imposes stiff penalties against perpetrators. As with other laws, these measures are not applicable in the former FATA and PATA unless the president issues a notification to that effect. There were numerous acid attacks on women across the country, with few perpetrators brought to justice.
The 2012 National Commission on the Status of Women Bill provides for the commission’s financial and administrative autonomy to investigate violations of women’s rights. According to women’s rights activists, however, the commission lacked resources.
Sexual Harassment: Although several laws criminalize sexual harassment in the workplace and public sphere, the problem was reportedly widespread. The law requires all provinces to have provincial-level ombudsmen. The Sindh, Punjab, and KP provinces, and Gilgit-Baltistan had established ombudsmen.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: The law prohibits discrimination based on sex, but authorities did not enforce it. Women also faced discrimination in employment, family law, property law, and the judicial system. Family law provides protection for women in cases of divorce, including requirements for maintenance, and sets clear guidelines for custody of minor children and their maintenance.
The law entitles female children to one-half the inheritance of male children. Wives inherit one-eighth of their husbands’ estates. Women often received far less than their legal entitlement.
Birth Registration: Citizenship is derived by birth in the country, although for children born abroad after 2000, citizenship may be derived by descent if either the mother or the father is a citizen and the child is registered with the proper authorities (see section 2.d.).
Education: The constitution mandates compulsory education, provided free of charge by the government, to all children between the ages of five and 16. Despite this provision, government schools often charged parents for books, uniforms, and other materials.
Medical Care: Boys and girls had equal access to government facilities, although families were more likely to seek medical assistance for boys than for girls.
Child Abuse: Child abuse was widespread. Employers, who in some cases were relatives, abused young girls and boys working as domestic servants by beating them and forcing them to work long hours. Many such children were human trafficking victims.
Local authorities subjected children to harmful traditional practices, treating girls as chattel to settle disputes and debts.
In 2016 the government updated its definition of statutory rape and expanded the previous definition, which was sexual intercourse with a girl younger than 16, to include boys.
Early and Forced Marriage: Despite legal prohibitions, child marriages occurred. Federal law sets the legal age of marriage at 18 for men and 16 for women. The 2014 Sindh Child Marriage Restraint Act sets 18 as the legal age of marriage for both girls and boys in Sindh Province. A February 2017 amendment to the penal code substantially increased punishment for violators of the law. Under the amendment, violators may be imprisoned for up to 10 years and no less than five years (up from imprisonment of up to one month), and may also be fined up to one million rupees ($7,200), up from 1,000 rupees (seven dollars).
In 2014 the Council of Islamic Ideology declared child marriage laws to be un-Islamic and noted they were “unfair and there cannot be any legal age of marriage.” The council stated that Islam does not prohibit underage marriage since it allows the consummation of marriage after both partners reach puberty. Decisions of the Council are nonbinding.
According to a 2017 nationally representative Gallup survey, 24.7 percent of women were married before the age of 18. In rural areas, poor parents sometimes sold their daughters into marriage, in some cases to settle debts or disputes. Although forced marriage is a criminal offense and many cases were filed, prosecution remained limited.
Sexual Exploitation of Children: In 2016 Parliament amended the criminal code to protect children further from specific crimes of child pornography, sexual abuse, seduction, and cruelty. The 1961 Suppression of Prostitution Ordinance and portions of the penal code are intended to protect children from sexual exploitation though socioeconomic vulnerabilities led to the sexual exploitation of children, including sex trafficking, and authorities did not regularly enforce these laws. Child pornography is illegal under obscenity laws.
Infanticide or Infanticide of Children with Disabilities: According to NGO reports, more than 350 dead infants were discovered in garbage dumps between January 2017 and April 2018, and about 99 percent of the victims were infant girls. By law anyone found to have abandoned an infant may be imprisoned for seven years, while anyone guilty of secretly burying a deceased child may be imprisoned for two years. Murder is punishable by life imprisonment, but authorities rarely prosecuted the crime of infanticide.
Displaced Children: According to civil society sources, it was difficult for children formerly displaced by military operations to access education or psychological support upon their return to former conflict areas. More than 1,800 schools in the former FATA districts–to which large numbers of IDPs have returned–were reportedly closed due to damage or local communities’ fear of terrorist attacks on schools. The government prioritized rehabilitating schools and enrolling children in these former conflict areas, however, and the overall number of out-of-school children decreased according to international organizations.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
There is a very small Jewish population in the country. Anti-Semitic sentiments were widespread in the vernacular press. Hate speech broadcast by traditional media and through social media derogatorily used terms such as “Jewish agent” to attack individuals and groups. During the year’s election campaign season, some religious political party leaders alleged that then candidate Imran Khan was “an agent of the Jewish lobby,” referencing Khan’s former marriage to Jemima Goldsmith. During protests in August and September against a planned Dutch cartoon contest focused on the Prophet Mohammed, some religious groups justified the country’s blasphemy laws by comparing them to Holocaust denial laws in Europe. During the protests, Islami Jamiat-e-Talaba, the student wing of the Islamist Jamaat-e-Islami party, proposed a Holocaust cartoon contest on social media, which resulted in its social media followers sharing images of Nazis and swastikas.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law provides for equal rights for persons with disabilities, but authorities did not always implement its provisions. After the Ministry of Social Welfare and Special Education was dissolved in 2011, its affiliated departments–including the Directorate General for Special Education, the National Council for the Rehabilitation of the Disabled, and the National Trust for the Disabled–were transferred to the Capital Administration and Development Division. The special education and social welfare offices, which devolved to the provinces, are responsible for protecting the rights of persons with disabilities.
Each province has a department or office legally tasked with addressing the educational needs of persons with disabilities. Despite these provisions, however, most children with disabilities did not attend school, according to civil society sources.
Employment quotas at the federal and provincial levels require public and private organizations to reserve at least 2 percent of jobs for qualified persons with disabilities. Authorities only partially implemented this requirement due to lack of adequate enforcement mechanisms. Organizations that did not wish to hire persons with disabilities could instead pay a fine to a disability assistance fund. Authorities rarely enforced this obligation. The National Council for the Rehabilitation of the Disabled provided job placement and loan facilities as well as subsistence funding. Voting was challenging for persons with disabilities, however, because of severe difficulties in obtaining transportation and access to polling stations. The Elections Act 2017 allows for mail-in voting for persons with disabilities. In order to register for a mail-in ballot, however, persons with disabilities were required to obtain an identification card with a special physical disability symbol. According to disability rights activists, the multistep process for obtaining the special ID symbol was cumbersome and challenging. The Election Commission of Pakistan issued a directive for 2018 general election polling stations to be installed on ground floors when possible and to be equipped with ramps in order to facilitate access for persons with disabilities, but election observers reported that 72 percent of polling stations were not accessible for persons with disabilities.
On May 25, the Sindh Provincial Assembly passed the Sindh Empowerment of Persons with Disabilities Act. The provincial law recognizes a wider range of disabilities, and guarantees the right to inclusive education at all levels in both public and private educational institutions. It also mandates that public spaces and new buildings conform to accessibility standards.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
Consensual same-sex sexual conduct is a criminal offense. The penalty for same-sex relations is a fine, two years’ to life imprisonment, or both. Lesbian, gay, bisexual, male transgender, and intersex persons rarely revealed their sexual orientation or gender identity. There were communities of openly transgender women, but they were marginalized and were frequently the targets of violence and harassment.
Violence and discrimination continued against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. The crimes often go unreported, and the police generally take little action when they do receive reports. Outreach by NGOs in KP, however, improved interactions between police and the transgender community there.
According to a wide range of LGBT NGOs and activists, society generally shunned transgender women, eunuchs, and intersex persons, collectively referred to as “hijras”–a word some transgender individuals view as pejorative, preferring the term “khawaja sira”–who often lived together in slum communities and survived by begging and dancing at carnivals and weddings. Some also were prostitutes. Local authorities often denied transgender individuals their share of inherited property, and admission to schools and hospitals. Landlords frequently refused to rent or sell property to transgender persons. On May 9, Parliament passed the landmark Transgender Persons (Protection of Rights) Act, 2018, which addresses many of these problems. The law accords the right of transgender individuals to be recognized according to their “self-perceived gender identity,” guarantees basic rights, and prohibits harassment of transgender persons, and outlaws discrimination against them in employment, housing, education, healthcare, and other services.
A 2012 Supreme Court ruling allows transgender individuals to obtain national identification cards listing a “third gender.” Because national ID cards also serve as voter registration, the ruling enabled transgender individuals to participate in elections, both as candidates and voters. The Election Commission of Pakistan and the National Database and Registration Authority, with support from international donors, conducted an identification card and voter registration drive prior to the July general elections. Thirteen transgender candidates ran in the elections, although none were elected. Election observers and the transgender community reported incidents of harassment of transgender voters on election day, and the Sindh Home Department reportedly confiscated the Election Commission of Pakistan accreditation cards of 25 transgender observers citing security concerns. A Free and Fair Election Network report, which included observations of 125 transgender election observers, noted that in Islamabad, Lahore, and Karachi law enforcement officials were largely helpful and gave preferential treatment to transgender voters. In Peshawar and Quetta, by contrast, transgender voters faced harassment.
HIV and AIDS Social Stigma
The country continued to have a concentrated HIV epidemic with an estimated prevalence among the general population at less than 0.1 percent. The epidemic was concentrated among key populations, primarily injecting drug users. For all key populations, stigma and discrimination by the general population and by health-care providers in particular remained a significant barrier to treatment access.
Other Societal Violence or Discrimination
Societal violence due to religious intolerance remained a serious problem. There were occasionally reports of mob violence against religious minorities, including Christians, Ahmadiyya Muslims, Hindus, and Shia Muslims.
Members of the Hazara ethnic minority, who are Shia Muslim, continued to face discrimination and threats of violence in Quetta, Balochistan. According to press reports and other sources, Hazara were unable to move freely outside of Quetta’s two Hazara-populated enclaves. Community members complained that increased security measures had turned their neighborhoods into ghettos, resulting in economic exploitation. Consumer goods in those enclaves were available only at inflated prices, and Hazaras reported an inability to find employment or pursue higher education. They also alleged government agencies discriminated against Hazaras in issuing identification cards and passports. To avoid causing violent incidents, authorities confined Shia religious processions to the Hazara enclaves.