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Pakistan’s determination towards upholding Human Rights

 Pakistan’s determination towards upholding Human Rights

 

By Qazi Jalal

Pakistan is firmly committed to safeguarding basic human rights.

Pakistan’s dedication to guaranteeing the fulfillment of these rights is demonstrated by the ratification of seven important international human rights treaties.

Despite the enormous obstacles that the country faces, there are several crucial indicators that point to a favourable trajectory for the state’s efforts to safeguard and promote human rights. On the legislative front, various legislations have been made during last 10 years that have significantly improved the rights of specific groups such as minorities, women, and children.

Such statutes reflect Pakistan’s legislative responsiveness to major human rights challenges. In addition to these recent enactments, there is a huge framework of laws at both the Federal and Provincial levels catering to the human rights. These rules deals with nearly every section of the Pakistani society. Nearly 400 of these laws have a direct influence on the rights enshrined internationally and in the Constitution while another about 800 federal and provincial laws deal with human rights at lower level.

Pakistan is steadfastly dedicated to upholding fundamental human rights and this commitment goes beyond the nation’s average residents, since the state also defends the rights of those who are imprisoned for serious offences. 

According to the law, all inmates apprehended during security forces’ operations, are detained in proclaimed and notified Internment Centers, and the Provincial Government Oversight Boards evaluate their cases on a regular basis.

In addition to existing laws on rights of the imprisoned, the Government of Pakistan has recently introduced a bill to criminalize enforced disappearances, which will be sent to the Senate for final approval. The Torture, Custodial Death and Custodial Rape (Prevention and Punishment) Bill, 2021, passed by the National Assembly in August 2022 has also been passed by the Senate.

However, leveraging the subject of missing persons, opponents, disgruntled, and anti-state elements spread false information about the Armed Forces.

According to several committees and commissions appointed to investigate missing persons’ cases, found voluntary disappearances, personal animosities, and absconding as key factors contributing to this growing problem.

The alleged cases of missing persons are being handled expeditiously and efficiently by the Commission of Inquiry on Enforced Disappearances.

One such case came to fore in 2019 when apparently a Baloch ‘Missing’ person’s name was flashed by the banned Baloch terrorist outfit as one of the attackers involved in an attack on PC Gwadar, Balochistan.

A number of ethnic groups during protest camps declared Hamal Khan Marri missing since 2016 and this narrative was spread throughout the social media as well. He was addressed as a human rights activist, however, in May 2019, a group of terrorists attacked the PC hotel Gwadar which resulted in killing of four civilians staff of the hotel, a navy soldier was martyred, while six people ─ including two army captains, two navy soldiers, and two hotel employees were injured.

And the so-called human rights activist, missing person Hamal Khan Marri was one of the four attackers who were killed later in an operation by security forces.

A number of other such cases have been reported by the media which proves that the missing persons’ mantra is exaggerated at times by certain groups for own vested interests. Meanwhile the international and national bodies working on cases of missing persons, enforced disappearances have found most of these cases have been resolved by the state of Pakistan.

By January 2018, the Supreme Court missing persons commission said that a total of 4,608 cases were reported from 2011-Dec 2017. Of these, 2,306 cases traced while 411 cases did not qualify as enforced and about 359 reported cases lacked required information. A total 1,532 persons were missing during this period.

On the other hand out of 1444 cases reported by the UN Working Group on Enforced Involuntary Disappearances (UNWGEID) in Pakistan, 998 cases (70%) have been resolved which is much higher than the global average of 21.48% (recorded since 1980). Of all the cases reported to the Commission, 1818 pertained to Balochistan, out of which 1461 cases have been resolved.

If we compare the proportion of incidents of disappearance, or more specifically, cases involving missing persons, reported to international organisations and those reported by internal commissions in Pakistan, we find that they are nearly identical. The UNWGEID and the Pakistani commission on these disappearances both reported the same ratio of cases resolved.

The very fact demonstrates the transparency with which the state of Pakistan is dealing with human rights violations, particularly in the instance of missing persons.

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Minority Rights as Human Rights and Religious Freedom in Pakistan

By Salman Ahmad

Pakistan, with Muslims being in majority, is a multi-religion and multi-racial country. Abiding by the 1973 Constitution of the republic and Islamic principles, the state and its institutions are bound to safeguard the rights of its religious minorities.  Article 26 of the constitution states that there must be no discrimination against any citizen on the basis of religion, gender, caste, race and residence etc. Article 36 of this constitution exclusively ensures protection of the legitimate rights and interests of minorities through the state, including their proper representations in the provincial and federal services.

Keeping the negative propagandas regarding the suppression of minorities in the country aside; Pakistan as a state has always prioritized protection of the rights of its religious minorities and made it possible for them to freely practice their religion. Major minority groups in Pakistan make up to four per cent of the population with Christians at 1.59%, Hindus at 1.60%, and Ismaili and Qadianis make 0.22 %. The state not only provides security to them but also facilitated a wholesome infrastructure for the religious practices of the minorities. Currently; there are 2652 Churches (one church per 864 Christians), 732 Temples (one Temple per 2734 Hindus) and 167 Gurdwaras (one Gurdwara for 55 Sikhs) exist across the country.

Concrete steps have been taken for the empowerment of minorities in Pakistan. They are provided with equal rights to education, health, the right to vote and opportunities in jobs and businesses. Minority members are working in senior positions in the bureaucracy and in the Army. Ten seats in the national assembly, four seats in the senate of Pakistan and several other seats in all provincial assemblies of Pakistan have also been reserved for the minorities. These steps also include the re-constitution of The National Commission for Minorities (NCM) where members of minority communities have surpassed the Muslims’. The federal government, in addition to the open merit, has specified a five percent job quota for minorities in government services. On the directions of NCM, the implementation status of the job quota is to be strictly observed by provincial governments, federal ministries, divisions, FPSC, and Islamabad, however, due to lack of education etc, it is not completely filled. The objective behind these enormous steps is empowering minorities and creating an enabling environment for them within the boundaries of the republic.

Moreover; Pakistan’s parliament and judiciary remain vanguards in securing the rights of minorities and ascertaining equal opportunities for them. Especially; the judiciary is leading the war on any reported violations of HR vis-à-vis minorities. Attorney General for Pakistan’s (AGP) office has taken initiative by appointing minority lawyers as law officers in different provinces. It is being suggested that an SC Human Rights cell, should also be established to entertain applications regarding the grievances of minorities in the country.

The Supreme Court’s judgment on Article 20 righted many historical wrongs and has gone steps further in its implementation. The SC’s pro-minority attitude was a real-life example, as when Chief Justice Jawad S. Khawaja protected a Hindu temple from extremists in the Karak district of Khyber Pakhtunkhwa. Criminal cases were registered against 123 miscreants involved in this incident. Former Chief justice Asif Saeed Khosa wrote a courageous concurrence acquitting Aasia Bibi, the accused of blasphemy, that infuriated the religious elements inside the country. Supreme Court also took notice of several incidents of forced conversion in the province of Sindh and the attack on the Christian community at Gojra, Punjab. Similarly, the ex-Chief Justice of Pakistan (CJP) also clubbed another issue that the Kalash tribe and Ismailies in Chitral were being coerced to convert to a different sect within Islam or to face death. The three-judge bench of the apex court led ex CJP Jilani considered all such issues and passed a 32-page landmark judgment on June 19, 2014.

Keeping its pace with the judiciary, the parliament of Pakistan has also shown enormous commitment to securing minority rights.  On 8 Dec 2020, KP Assembly passed a bill for the creation of Endowment Funds for Minorities. Minority students’ scholarship rates have doubled w.e.f 25 Mar 2014. The provision of vocational education for children of Hindus and Sikhs at Government expenses has also been approved by ETPB on 15 Jan 2021. The sindh government has passed the Sindh Hindu Marriage Act 2016 (amended in 2018), to facilitate the Hindu community to solemnize their marriages in accordance with the Sindh Hindu marriage Rules, 2019.

At the Federal level, National Assembly has enacted the Hindu Marriage Act 2017 which extended to the whole of Pakistan except Sindh. Blasphemy laws are applied indiscriminately. Since 2005, 55 individuals convicted of blasphemy offences which include 46 Muslims, 7 Christians, one Hindu, and one Qadiani (Muslims 84%, minorities 16 %). Minorities convicted of blasphemy are given fair trials and rights of appeal in higher Judiciary. The acquittal of Asia Bibi, Shagufta Kausar and Shafqat Emanuel etc. by higher Judiciary are significant cases in point.

In the education sector, a Single National Curriculum (SNC) will be introduced at the primary level in all educational institutions of Pakistan in which five minorities’ religions will be taught in the school. SNC is completely free of all elements of intolerance and hate speech. This curriculum is to be implemented in all public and private schools and Deeni Madaris across Pakistan.

Apart from the Interfaith Harmony Policy at the federal level, the Ministry of Religious Affairs has taken a number of initiatives to promote interfaith harmony including the official declaration and celebration of minorities days, to recognize the contribution of religious minorities towards nation-building. Ten events of minority religions are being celebrated at the official level in Pakistan to promote understanding and harmony among all segments of society. These festivals include Christmas and Easter for Christians, Holi and Diwali for Hindus, Biasakhi and Birthday of Guru Nanak for Sikhs, Nauroze for Zoroastrians, Eid-e-Ridvan for Bahi’s, Festival of Lights for Buddhist community and Chelum Jhust for Kalash community.

Pakistan has also taken significant steps for the promotion of religious tourism and promoting religious harmony. Opening the historical Grudawara Kartarpur Corridor, Shewala Teja Mandir and Gurdwara Choa Sahib (Jehlum), holding Baba Guru Nanak 550th birthday celebrations, hosting more than 60000 Yatrees from across the world and filling up Amer Kund (Holy Water) at Katas Raj are some the many initiatives Pakistan has taken for promoting religious tourism and religious harmony.

The Government of Pakistan is committed to implementing the constitution of Pakistan in its true spirit and in the light of Islamic principles and the international declaration of human rights to protect the rights and lives of minorities in Pakistan.

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Implementation and protection of Human Rights in Pakistan

 By Hassan Sajid

Pakistan has always been a staunch advocate of human rights. Even the vision of Quaid-e-Azam upon which the foundation of Pakistan lies in the provision of basic human rights.  Pakistan was formed with the aim to safeguard the rights of its citizens irrespective of faith, ethnicity and gender thus realizing a society devoid of inequality and injustice. The Constitution of Pakistan truly translates this vision into reality by enshrining these values as fundamental rights applicable to all in the country.

Besides these, the Government of Pakistan is a party to seven out of nine core international human rights treaties and demonstrated a profound commitment to international human rights norms. It has also adopted mechanisms on account of its founding ideals and core values to protect the democratization and endorsement of human rights. On account of these commitments, Pakistan has always been vigorously vocal on various international platforms like SCO and United Nations, about the right of self-determination and basic human rights of Kashmiri people, which were violated by the Indian army for decades.

However, these legally binding international treaties as well as the constitution of Pakistan itself place an important responsibility on the State to ensure that the rights promised therein are not violated and in case of its violation adequate mechanisms for redressal are made available. Therefore, at the national and provincial levels Pakistan has made progressive laws on human rights. Despite multiple challenges faced by the country, several significant laws are enacted, which indicates a positive trajectory of the state’s efforts pertaining to the protection and promotion of fundamental human rights.

On the legislative grounds, the past decade is witness to the enactment of several laws which have certainly enhanced the protection of the rights of particular groups including minorities, women, and children. Some examples of such milestones are the recently enacted amendment including the Protection Against Harassment of Women at the Workplace (Amendment) Act 2022 in order to address the problems faced by working women and ensure an encouraging working environment for them. Thus, as per the constitution of Pakistan, minorities as well as women enjoy an equitable status of citizens and are given equal financial opportunities.

Further initiatives are taken by the government to curb all forms of discrimination and gender-based violence, in particular those relating to women, transgender and specially-abled persons. “Women safety smartphone app project” was laid down with the intention to provide women with the fastest and simplest way to contact the nearest help in case of any emergency and domestic abuse. Moreover, the women property rights act 2020 was promulgated, which safeguards the right of women to own property and guaranteed that such rights are not violated through coercion and fraud.

Pakistan has witnessed a growth in federal and provincial bodies tasked with ensuring the protection of rights, especially for women and children. Child Protection and Welfare Bureaus, Social Welfare Departments, Treaty Implementation Cells, and importantly the National Commission on Human Rights are some examples of these bodies. Efforts have been made to improve the capacity and sensitivity of the Police in a number of areas of human rights concern. An active civil society sector has proved invaluable in pushing for reform and improving capacity throughout the country, while progress has certainly been made in the last decade.

In line with the mentioned objectives, “Child Protection Institutions” was formed, which has advanced comprehensive case management mechanisms and improved interagency coordination. It is managed by the Bureau to provide for the rescued children who cannot be placed in safe family environments. The Bureau has established a standardized alternative care institution that facilitates destitute and neglected children with residence, food, education, health care, psychological counselling and recreation to allow them to grow in a healthy environment.

In regards to the protection of the rights of minorities, the ministry of religious affairs and interfaith harmony is working on a national interfaith harmony policy, in consultation with stakeholders to ensure a secure environment for the non-muslim community in Pakistan. The policy envisages fostering religious and social harmony and helping develop a pluralistic society in Pakistan in which people of different beliefs can live together in peace, and exercise their rights, guaranteed by the Constitution of Pakistan.

Likewise, a record of such laws is acted out in the services of human rights some of which are: The legal Aid & Justice Authority Act 2020, The Islamabad Capital Territory Child Protection Act 2018, The Protection of Journalists and Media Professionals Act, 2021. The Criminal Laws (Amendment) Act 2021. Implementation of such laws demonstrates legislative responsiveness to critical human rights issues in Pakistan. There is a vast framework of laws on the basis of which institutions are operating tirelessly to cater for the human rights of Pakistan’s citizens. These laws touch upon almost every aspect of modern Pakistani life. Of these laws, close to 400 have a direct bearing on the rights enshrined internationally and in the Constitution. A further 800 federal and provincial laws directly deal with human rights.

The judiciary, too, has demonstrated sensitivity to issues of human rights and given groundbreaking judgments further entrenching the Constitution’s human rights guarantees. The rights enshrined in the Constitution have been widely interpreted by the Courts of Pakistan and the superior judiciary routinely refers to international instruments in relation to our domestic human rights framework. In fact, even instruments that have not been ratified by Pakistan are referred to on the basis of customary law. Article 184(3) which deals with the enforcement of fundamental rights of individuals by the Supreme Court has been given a highly expansive definition and the judiciary has been exceptionally active in recent years in enforcing fundamental rights.

In the past few years, the government of Pakistan has shown strong political intent to curb human rights violations carried out nationally as well as by prominent international bodies. Ministry of Human Rights remains firmly committed to addressing these challenges ensuring a Pakistan that protects its citizens through the realization of the fundamental rights and freedoms advocated by our Constitution and various international treaties.