Institutional Framework to deal with Child Sexual Abuse

Police

The police in Pakistan, including Islamabad Police, Punjab Police, Sindh Police, Balochistan Police, and KP Police, play a frontline role in dealing with cases of child sexual abuse and exploitation. Some of the major role and responsibilities include: (i) Investigation: Police are responsible for investigating reports of child sexual abuse and exploitation. This involves collecting evidence, interviewing victims and witnesses, and identifying perpetrators. Investigations must be conducted sensitively and professionally to ensure the safety and well-being of the child and to gather admissible evidence for prosecution. (ii) Arrest and Prosecution: Police have the authority to arrest individuals suspected of committing child sexual abuse and exploitation offenses. Once suspects are apprehended, police are responsible for initiating legal proceedings and presenting evidence to prosecutors for charges to be filed. Police has a duty to support victims throughout the legal process, including providing protection, facilitating access to support services, and ensuring their rights are upheld. (iii) Victim Protection: Police have a duty to protect child victims of sexual abuse and exploitation from further harm. This includes ensuring their safety during investigations, providing appropriate support and counseling, and taking measures to prevent intimidation or retaliation by perpetrators or their associates. Police may also coordinate with other agencies, such as social services or child protection units, to ensure that victims receive the necessary care and support.

Federal Investigation Agency and National Cyber Crime Investigation Agency

The Federal Investigation Agency (FIA) in Pakistan plays a significant role in addressing cases of child trafficking of transnational crime through investigating and prosecuting cases. Moreover, under the Prevention of Electronic Crimes Act (PECA) 2016, the FIA was tasked with investigating cases of online child sexual exploitation and abuse. However, the Federal government has announced the establishment of the National Cyber Crime Investigation Agency (NCCIA) in May 2024. This new agency will operate under the Ministry of Interior and will take over responsibilities previously held by the Federal Investigation Agency’s (FIA) Cyber Crime Investigation Wing.

Child Protection Agencies in Pakistan

Child protection agencies in Pakistan, such as the Child Protection Institute Islamabad, Child Protection and Welfare Bureau Punjab, Sindh Child Protection Authority, KP Child Protection and Welfare Commission, and Balochistan Child Protection Commission, are pivotal in ensuring the safety and well-being of children across the country. These agencies play multifaceted roles, including operating helplines to provide children and caregivers immediate assistance and reporting abuse,  managing cases of child sexual abuse through  case management referral services, and providing shelters and residential care for children at risk of harm. Additionally, they engage in prevention efforts through awareness-raising campaigns, conduct capacity-building initiatives to enhance the skills of professionals working with children, and advocate for policies and legislation that promote child rights and strengthen the child protection system. While these agencies share common objectives, differences in their mandates, structures, and resources influence their operations and service delivery.

Ministry of Human Rights (MoHR) and Provincial Departments of Human Rights

The Ministry of Human Rights (MoHR) and Provincial Departments of Human Rights in Pakistan are the important departments with the mandate to safeguarding human rights, including those of children. They are tasked with formulating policies, legislation, and initiatives aimed at addressing child rights issues such as abuse, exploitation, and trafficking. They monitor, report, and conduct inquiries into human rights violations directly or through established institutions, and raise awareness, and advocate for the compliance of international treaties in Pakistan.

Ministry of Federal Education and Professional Training/ Provincial Departments of Education

The Ministry of Federal Education and Professional Training, along with Provincial Departments of Education, have an important role to promote child protection through integrating child safety education into school curricula and fostering safe learning environments such as educating children about distinguishing between appropriate and inappropriate touches, recognizing signs of abuse, and accessing support services. This needs prioritizing teacher training programs to equip educators with the knowledge and skills needed to address child protection issues sensitively and effectively, while also establishing reporting mechanisms within schools to ensure that children have avenues to report concerns and seek assistance confidentially.

Prosecution Departments

In Pakistan, various prosecution departments are involved in dealing with cases of child sexual abuse. These departments operate at different levels of government and have specific roles in investigating, prosecuting, and ensuring justice in cases of child sexual abuse. Some of the key prosecution departments include: (i) Office of the Prosecutor General: The Office of the Prosecutor General at the federal and provincial levels oversees the prosecution of criminal cases, including those related to child sexual abuse. It coordinates with law enforcement agencies, conducts legal proceedings, and represents the state in court. (ii) Public Prosecution Department: The Public Prosecution Department, also known  Public Prosecutor’s Office, is responsible for prosecuting criminal cases at the district level. Prosecutors in this department represent the state in court and work closely with law enforcement agencies to build cases against perpetrators of child sexual abuse.

National Human Rights Institutions (NHRIs) and  Sub-national  Human Rights Institutions (SNHRIs)

National Human Rights Institutions (NHRIs) and Sub-national  Human Rights Institutions (SNHRIs) in Pakistan, such as the National Commission on the Rights of Child, National Commission for Human Rights, and National Commission on the Status of Women, play important roles in addressing cases of child sexual abuse. These institutions serve as watchdogs for human rights violations, including violations against children and women. They receive complaints related to child sexual abuse, conduct inquiries, and advocate for justice and accountability. NHRIs and SNHRIs also engage in public awareness campaigns, policy advocacy, and capacity-building initiatives to prevent child sexual abuse and promote a culture of respect for children’s rights and dignity. Despite difference in mandates of NHRIs and SNHRIs, these human rights institutions play complementary roles in addressing cases of child sexual abuse.

Courts

In Pakistan, various types of courts  handle cases of child sexual abuse, each with its own jurisdiction and specialization. Some of the key types of courts that deal with such cases are: (i) Sessions Courts: Sessions courts are the primary trial courts in Pakistan, operating at the district level. They have jurisdiction over a wide range of criminal cases, including those involving child sexual abuse. Sessions courts conduct trials based on evidence presented by the prosecution and defense, and they have the authority to impose sentences on convicted offenders. (ii) Specialized Courts: Some provinces in Pakistan have established specialized courts to handle cases of child sexual abuse and exploitation. These courts include Child Protection Courts which are dedicated to hearing cases related to crimes against children. (iii) Anti-Terrorism Courts: In cases where child sexual abuse is linked to acts of terrorism or organized crime, the Anti-Terrorism Courts may have jurisdiction to hear such cases. These courts are empowered to handle a broad range of offenses related to terrorism and may provide expedited trials for cases involving serious crimes against children. (iv) High Courts: High Courts in Pakistan serve as appellate courts, hearing appeals from decisions made by lower courts, including cases related to child sexual abuse. High Courts may review trial proceedings for legal errors or irregularities and may also have jurisdiction to hear petitions related to child rights and protection. (v) Supreme Court: The Supreme Court of Pakistan is the highest court in the country and serves as the final appellate authority. While the Supreme Court primarily hears appeals on matters of constitutional law, it can also consider cases related to child sexual abuse if they involve significant legal or constitutional issues.

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