identity of minorities, ensures free expression,
association and opportunity for cultural
development
association of minorities
amongst themselves, as well as, ensuring that
states allow for education about minorities.
• The UN 1926 Slavery Convention or the
Convention to Suppress the Slave Trade and
Slavery prevents slave trade and abolishes all
forms of slavery.
• The
United
Nations
Supplementary
Convention on the Abolition of Slavery is
a more expansive document that covers
situations such as bonded labor.
• The Convention on the Elimination of All
Forms of Discrimination Against Women
(CEDAW) which was acceded to by Pakistan
in 1996, with reservations based on its
Constitution.
National Law and Policy
As a beneficiary of donors, Pakistan is also
bound to abide by provisions that safeguard the
interest of indigenous communities. The World
Bank states that it “…seeks to position excluded
groups, such as the indigenous peoples, at the
center of the development agenda.” It aims to
give indigenous people the tools and capacity for
self-development and realizes that the knowledge
they hold may be critical to adapting to climate
change (World Bank, 2014).
Over the years, Pakistan has had a Ministry of
Religious Affairs and Minority Affairs, a Minorities
Affairs Division, Federal Advisory Council for
Minority Affairs, District Minority Committees, a
National Commission for Minorities, as well as, a
National Committee on the Kalash People. These
were all institutional frameworks to implement
constitutional freedoms.
The Asian Development Bank (ADB) is more
clear and extensive in its support for indigenous
communities. “The ADB’s indigenous peoples
safeguards aim to ensure that the design and
implementation of projects foster full respect
for indigenous peoples’ identity, dignity, human
rights, livelihood systems, and cultural uniqueness
as defined by the indigenous peoples themselves
so that they receive culturally appropriate social
and economic benefits, are not harmed by the
projects, and can participate actively in projects
that affect them” (ADB, 2014).
88
The 1973 Constitution was an improvement on
the Constitutions of 1956 and 1961 because it
provided for provincial autonomy and freedoms
for ethnic minorities. However, even though
ethnic minorities were mentioned, there was
very little provision for ethnic minorities and
indigenous cultural groups within provincial
laws. Thus indigenous groups have to derive
their individual and collective rights from the
general articles of the Constitution that protect
an individual’s freedom.
Article 36 of the Pakistani Constitution obligates
it to safeguard the interests of minorities and
Article 38 makes the state responsible for taking
steps to ensure social and economic equality.
The National Resettlement Policy formed in
2002 places strict measures to preserve the
communities of indigenous people and ensure
fair compensation for any development schemes
that adversely affect them.
The third national report on the implementation
of the CBD published in 2006 states that some
goals have been established with regard to
maintaining the socio-cultural diversity of local
and indigenous communities. The Lok Virsa and
the Pakistan National Council of Arts, as well
as the Ministry of Culture, Sports and Youth
Affairs have the institutional framework to carry
Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)
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