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.
