Human Rights

Published on February 2017 | Categories: Documents | Downloads: 36 | Comments: 0 | Views: 165
of 13
Download PDF   Embed   Report

Comments

Content

THEORY AND PRACTICE OF HUMAN
RIGHTS IN PAKISTAN
PAKISTAN LAW ON HUMAN RIGHTS
Father of the Nation Mr. Muhammad Ali Jinnah's in his presidential address to the constituent
assembly of Pakistan in 1947 said the following:
"As you know, history shows that in England, conditions, some time
ago, were much worse than those prevailing in India today. The
Roman Catholics and the Protestants persecuted each other. Even
now there are some States in existence where there are
discriminations made and bars imposed against a particular class.
Thank God, we are not starting in those days. We are starting in the
days where there is no discrimination, no distinction between one
community and another, no discrimination between one caste or
creed and another. We are starting with this fundamental principle
that we are all citizens and equal citizens of one State. "
The conditions prevailing today in Pakistan affect every individual life. If we are to improve
conditions then the law must be upheld to bring peace and security to the land and to build lives
of dignity and respect. It is duty of every individual to stand up and prevent any violations or
breaking of the law. If we are to build a better nation then familiarity with the law is also to some
degree necessary.

FUNDAMENTAL RIGHTS AS PER PAKISTAN CONSTITUTION:The currently enforced 1973 Constitution is the supreme law of the country and all laws passed
should be in line with the Constitution. However, this Constitution has undergone various
amendments, especially during the previous Martial Law period (1 977-1985), which have
weakened the guarantees it provides for equal rights.

Articles 8 to Article 28 of the 1973 Constitution describe the Fundamental Rights which are to be
available to all citizens, women as well as men wherever they may be, as well as all people
temporarily or permanently in Pakistan.
The basis of fundamental rights is laid out in Article 4, which states that it is the inalienable right
(i.e., can never be taken away) of individuals (citizens wherever they may be as well as
individuals currently in Pakistan) to enjoy the protection of law and be treated in accordance
with law. It also guarantees the protection of life, liberty, body, reputation & property of an
individual.
Listed here are the points that are covered by the constitution of Pakistan:

I.

FUNDAMENTAL RIGHTS ARE SUPREME: (ARTICLE 8)
• Any law or custom or usage having force of law inconsistent with
Fundamental Rights shall be void.

II.

RIGHT TO LIFE AND LIBERTY: (ARTICLE 9,10,12,13)


No person can be deprived of life or liberty, save in accordance with law



On arrest or detention in custody, person is to be told grounds for such action
& has the right to consult and be defended by legal practitioner of his/her
choice.



Arrested person is to be produced before the Magistrate within 24 hours of
arrest; any detention beyond this period without the Magistrate’s authority is
illegal.
(Exceptions: people taken into preventive detention. However, there is also a
specified procedure for such detention.)



A person cannot be punished for an act which was legally not a crime at the
time of its occurrence



No punishment other than that prescribed in law at the time of occurrence



For one crime/offence the accused cannot be punished twice



III.

The accused cannot be forced to give witness against herself/himself.

PROHIBITION OF SLAVERY AND FORCED LABOUR: (ARTICLE 11)


Slavery, all forms of forced labour and trafficking of human beings are
prohibited



No child under 14 can work in a factory or a mine or any other hazardous
employment.
(Exceptions: prisoners and any duty for public service required by law.
but compulsory service cannot be cruel or incompatible with human dignity).

IV.

DIGNITY OF MAN AND PRIVACY OF HOME: (ARTICLE 14)


Guarantees privacy of home and forbids torture for the purpose of extraction
of evidence.



Police or any other state agency can enter a home only after obtaining lawful
authority (in writing, naming person & purpose of entry – e.g., arrest or
recovery of stolen goods).

V.

BASIC FREEDOMS: (ARTICLES 15,16,17,18 & 19)


Every citizen is free to: move, live and settle in any part of the country, and
also has the right to a passport and to travel abroad



Every citizen has the right to assemble peacefully (Exceptions: these can be
restricted by law in the public interest)



Every citizen has the right to: join an association/union; freedom of speech
and expression; freedom of the Press is guaranteed
(Exceptions: can be restricted by law on grounds of sovereignty& integrity of

Pakistan, public order or morality; government servant cannot be member of a
political party)


Every citizen, subject to qualifications can enter a trade, business or
profession of his/her choice (Exceptions: regulations of trade & commerce can
be made by the government).

VI.

RELIGIOUS FREEDOM AND SAFEGUARDS: (ARTICLES 20,21 & 22)



Every citizen has the right to believe, practice and propagate their religion.
Every religious denomination/sect has the right to establish, maintain and



manage its religious institutions.
No person can be compelled to pay any special tax to be spent on the
propagation or maintenance of a particular religion or religious institution



other than his/her own
No person attending any educational institution can be required to attend
religious ceremonies, worship or receive education of a religion other than



his/her own.
No discrimination against any community in grant of tax exemption or



concessions for religious institutions
No discrimination in admission to educational institutions receiving public
funds on grounds of race, religion, caste or place of birth
(Exceptions: quota system is permissible for advancement of any socially or
educationally backward class of citizens)

VII.

PROPERTY RIGHTS: (ARTICLES 23,24)


Every citizen is allowed to own, sell his/her property in any part of the



country.
No person can be deprived of her/his property compulsorily. If property, land
is needed in public interest, then the government has to give reasonable
compensation to the owner.

VIII. GUARANTEES OF EQUALITY AND NON-DISCRIMINATION: (ARTICLES
25,26 & 27)




All citizens are equal before law and are entitled to equal protection of law.
There shall be no discrimination on the basis of sex alone
(Exceptions: the state can make special provisions for the protection of



women and children)
No discrimination on any basis in access to public places, except those
specifically reserved for religious purposes (Exceptions: the state can make



special provisions for women and children)
No person otherwise qualified can be discriminated against in the matter of
employment on the basis of race, religion, caste, sex,. residence or place of
birth (Exceptions: specific services can be reserved for members of either sex
if such posts/services require duties which cannot be adequately performed by
the members of other sex, e.g. Lady Health Visitor)

IX.

PRESERVATION OF CULTURE: (ARTICLE 28)
• Citizens have a right to preserve their language, script and culture.

In addition to the Fundamental Rights described above, the Constitution also lists several
‘Principles of Policy’. The government is to make policies accordingly, which the government,
all public institutions and all government servants are expected to uphold. A number of the
Principles of Policy specifically relate to women:
Article 32 – special representation shall be given to women in local government institutions (i.e.,
local bodies).
Article 34 – steps shall be taken to ensure full participation of women in all spheres of national
life.
Article 35 – the State shall protect marriage, the family, the mother and the child.
Article 37(e) – make sure women are not employed in vocations unsuited to their sex, and that
working women get maternity benefits.
Article 38(a) – secure well-being of the people, irrespective of sex.

PAKISTAN’S APPROACH TO THE PROMOTION
AND PROTECTION OF HUMAN RIGHTS:
People of Pakistan strongly support the promotion and application of universally agreed human
rights based on the principles of cooperation, non-discrimination, impartiality and genuine
dialogue. Pakistanis derive their inspiration about human rights from the teachings of Islam that
upholds the equality of Mankind irrespective of colour, creed and ideology; and advocate
provision of even playing field to everyone. Pakistan is of the view that cooperative approach at
the international level helps in making tangible progress in the promotion and protection of
human right. As a founding member of the Human Rights Council and during its prior tenure on
the Council from 2006-2011, Pakistan played a constructive role in achieving convergences
between West and Islamic world on some of the contentious and challenging HR issues.

THE 18TH AMMENDMENT:Parliament has passed three constitutional amendments to prompt and consolidate democratic
values in the country. In April 2010, parliament unanimously passed the 18th Amendment to the
Constitution, addressing many imbalances of power. The Right to Education (Article 25A), Right
to Information (Article 19A) and Right to Fair Trial (Article 10A) are now recognized as
fundamental rights, which cannot be suspended. Moreover, changes were made to administrative
governance in the Federally Administered Tribal Areas (FATA); whereby, the arbitrary powers of
the local administration to make arrests and detain individuals were curtailed and prisoners have
been given the right to bail. Likewise, in 2011 the Political Parties Order 2002 was extended to
Federally Administered Tribal Areas.

NATIONAL COMMISSION FOR HUMAN RIGHTS ACT, 2012:In May 2012, Pakistan enacted a new law creating an independent National Commission for
Human Rights (NCHR) in accordance with Paris Principles. A series of HR related legislation
include: the Prevention of Anti-Women Practices (Criminal Law Amendment) Act 2011; the
Acid Control and Acid Crime Prevention Bill 2010; Domestic Violence (Prevention and
Protection) Bill and laws on sexual harassment. In order to ensure adequate representation of

minorities in central and provincial legislatures, seats have been reserved for minorities in the
National Assembly, the Senate and the Provincial Assemblies.

NATIONAL COMMISSION ON THE STATUS OF WOMEN:National Commission on the Status of Women (NCSW) is a statutory body, established in July
2000. It is an outcome of the national and international commitments of the Government of
Pakistan like Beijing Declaration and Platform for Action, 1995; and National Plan of Action
(NPA) for Women, 1998. Three Commissions have completed their respective term of three
years. Term of the last Commission expired on 31st December, 2008.
The National Commission on the Status of Women (NCSW) was established with the specific
purpose to: Examine policies, programs and other measures taken by the Government for
women’s development and gender equality; Review laws, rules and regulations affecting the
status of women; Monitor mechanisms and institutional procedures for redress of violations of
women’s rights and individual grievances; Encourage and sponsor research to generate
information, analysis and studies relating to women and gender issues; Develop and maintain
interaction and dialogue with NGOs, experts and individuals in society at the national, regional
and international level; any other function assigned to it by the Federal Government.

PAKISTAN’S COMMITMENT TO INTERNATIONAL HUMAN
RIGHTS STANDARD:Social media has emerged as a powerful and influential medium. This has strengthened the cause
of Human Rights. As regards our obligations to international community, Pakistan ratified the
International Covenant on Civil and Political Rights (ICCPR) and Convention Against Torture
(CAT) in June 2010. In August 2011, Pakistan ratified the Convention on the Rights of Persons
with Disabilities and the Optional Protocol to the Convention on the Rights of the Child on the
Sale of Children, Child Prostitution and Child Pornography. Pakistan has now ratified seven out
of nine core international human rights treaties. This demonstrates Pakistan’s commitment to
international human rights standards.

HUMAN RIGHTS SITUATION IN
PAKISTAN:
The situation of human rights in Pakistan is complex as a result of the country's diversity, large
population, its status as a developing county and a sovereign, Islamic republic as well as an
Islamic democracy with a mixture of both Islamic and secular laws. The Constitution of Pakistan
provides for fundamental rights, which include freedom of speech, freedom of thought, freedom
of information, freedom of religion, freedom of association, freedom of the press, freedom of
assembly and the (conditional) right to bear arms. The Clauses also provide for an independent
Supreme Court, separation of executive and judiciary, an independent judiciary, independent
Human Rights commission and freedom of movement within the country and abroad. However it
is debatable how much these clauses are respected in practice.
All human rights are alleged (claimed) to be violated in Pakistan with impunity (without having
to suffer the normal injurious consequences (of an action).
Here it is pertinent to point out that a crime committed by one citizen against another,
strictly speaking, is not a human rights violation. It becomes a human rights violation when the
state or agents of the state deliberately do not take action to correct the wrong or allow the
perpetrator (perpetrate = execute) to go free or to avoid justice. A true human rights violation is
one in which the rights of the citizens are violated by the state or the agents of the state or by
persons commissioned by the agents of the state.
Depending on how one sees the issues; the biggest human rights violation in Pakistan are
the denial by the state of the rights of citizens of the country to education, food, housing and
health facilities. On the civil and political front, Pakistan is particularly vulnerable on rights of
minorities, the rights of women, the rights of children, independence of judiciary, arbitrary
detention, extra-judicial and summary execution, torture and custodial deaths.

HUMAN RIGHTS VIOLATION IN PAKISTAN: RELIGIOUS DISCRIMINATION:

Although the Constitution includes adequate accommodation for Pakistan’s religious
minorities, in practice non-Sunni Muslims face religious discrimination in both the
public and private spheres (for example - non Muslims cannot hold any of the top
positions in the country's government and non-Muslims have restrictions placed on
which candidates they may cast their vote for). In response to rising sectarian and
religious violence, the Pakistani government has unveiled several high profile efforts
to reduce tension and support religious pluralism, giving new authority to the
National Commission for Minorities and creating a Minister for Minority Affairs post.
Nonetheless, religious violence is still common throughout Pakistan.



DOMESTIC VIOLENCE:

Domestic violence in Pakistan is an endemic social problem. According to a study carried out in
2009 by Human Rights Watch, it is estimated that between 70 and 90 percent of women and girls
in Pakistan have suffered some form of abuse. An estimated 5000 women are killed per year
from domestic violence, with thousands of others maimed or disabled. Law enforcement
authorities do not view domestic violence as a crime and usually refuse to register
any cases brought to them.



FREEDOM OF THE PRESS:

In general Freedom of the press is allowed but any reports critical of the
government policy or critical of the military is censored. Journalists face widespread
threats and violence making Pakistan one of the worst countries to be a journalist
in, with 61 being killed since September 2001 and at least 6 murdered in 2013
alone. Tv stations and news papers are routinely shut down for publishing any
reports critical of the government or the military.



FORCED LABOUR AND CHILD TRAFFICKING:

The US State Department Trafficking in Persons Report 2013 classifies
Pakistan as a source, transit, and destination country for men, women,
and children trafficked to settle debts and disputes, or forced into sexual

exploitation or domestic servitude, with a large percentage of
trafficking occurring within Pakistan. Source or origin means the place
from where the victims are sent; transit means the place where the
victims might be moved through and temporarily kept on the way to
their final destination; and destination – where the victims finally end
up.
The US State Department's trafficking report identifies bonded labor as
the major triggering factor behind human trafficking in Pakistan,
whereby traffickers or recruiters exploit an initial debt assumed by a
worker as part of the terms of employment, which sometimes persists
through generations. In Pakistan, bonded labor is mainly concentrated
in the Sindh and Punjab provinces; however, cases of debt bondage
have also been reported from the other two provinces. In the above
context, mining, carpet weaving, brick kiln and fishing industries in the
four provinces rely heavily on bonded labor.
Child labour remains one of the major problems afflicting Pakistan and its children.
Pakistan has passed laws in an attempt to limit child labour and indentured
servitude, but those laws are universally ignored. Some 11 million children, aged
four to fourteen, keep the country's factories operating, often working in brutal and
squalid condition.



CORPORAL PUNISHMENT:
Pakistan signed and ratified the United Nations Convention on the Rights of the Children
(UNCRC) on 12 November, 1990 and Article 4 of this article urges that “States shall
undertake all appropriate legislative, administrative, and other measures for the
implementation of the rights recognised in the present Convention. After 18 th
Constitutional Amendment it is responsibility of provincial government to ensure the
legislation for protection of children.
According to one report, corporal punishment is a key reason for school
dropouts and subsequently, street children, in Pakistan; as many as 35,000
high school pupils in Pakistan are said to drop out of the education system
each year because they have been punished or abused in school.

Other violations include:-











Security to life and property
Quality and free education upto secondary level
Caste and gender discrimination
Inequality before law
Extra judicial killings
Gender and caste discrimination
Freedom of expression
Police brutality
Political repression

HOW TO BRIDGE THE GAP BETWEEN THEORY AND
PRACTICE:However, the question still remains as to how the Pakistani society should rid itself of
the endemic human rights violation. There are no shortcuts. Many countries have now
realized those all-positive governmental actions have a significant human rights
content. For instance, free and compulsory primary education policies cater to (deal
with) the right of education. Poverty eradication programmes fulfil the objective of
ensuring the population’s right to food and housing and an adequate standard of living.
Various methods to advance and protect human rights are available:
1.

During state of war:

During violent conflict, to protect refugees and war victims from any surrounding
violence in their communities can sometimes help to safeguard human lives.
2. AWARENESS ON HUMAN RIGHTS ON NATIONAL LEVEL:
Education about human rights must become part of general public education.
Awareness programmes should be executed on public places so that the people would
understand their rights and stand against violations.
2. Member of Police and Army should be trained on H R:
Members of the police and security forces have to be trained to ensure the
observation of human rights standards for law enforcement. Research institutes and
universities should be strengthened to train lawyers and judges. To uphold human
rights standards in the long-term, their values must permeate (spread throughout) all
levels of society.
3. Discussion among ethnic groups:

Dialogue groups that assemble people from various ethnicities should be
organized to overcome mistrust, fear and grief in society. Getting to know the feelings
of ordinary people of each side might help to change the demonic (telepathic) image
of the enemy group. Dialogue also helps parties at the grassroots level to discover the
truth about what has happened, and may provide opportunities for apology

and

forgiveness.
5. Role of Press and other institutions:
External specialists can offer legislative assistance and provide guidance in
drafting press freedom laws, minority legislation and laws securing gender equality. They
can also assist in drafting a constitution, which guarantees fundamental political and
economic rights.

CONCLUSION
Promotion and protection of human rights is a continuous process to which people of Pakistan
remain committed. Pakistan is a democratic, pluralistic and progressive country. Pakistanis aspire
for a society that is based on equality, the rule of law, respect for diversity, and justice. Our
constitution reflects all these aspirations. However, Pakistan’s government has a long way to go
in translating these theoretical aspirations into practical benefits. Political polarisation, bad
governance, nepotism, corruption in the lower judiciary, corporatization of media etc are some of
the powerful barriers which inhibit good intentions from translating into sustainable plan of
action. There is indeed a huge gap between the lofty claims made during the UPR and the ground
reality of human rights. The expansion of international human rights law has often not been
matched by practice. Yet, there is growing consensus that the protection of human rights is
important for the resolution of conflict and to the rebuilding process afterward. To achieve these
goals, the international community has identified a number of mechanisms both to bring an end

to human rights abuses and to establish an environment in which they will be respected in the
future. They are not alternatives, but each provides important benefits in dealing with the past
and envisioning (visualize) a brighter future.

REFERENCES

http://www.pakistani.org/pakistan/constitution/part2.ch1.html
HUMAN RIGHTS, THEORY AND PRACTICE, BY BARRISTER ZAFARULLAH KHAN PDF
http://www.na.gov.pk/uploads/documents/1333523681_951.pdf
http://pakobserver.net
https://www.hrw.org/news/2008/02/12/pakistan-election-commission-not-impartial
https://en.wikipedia.org/wiki/Human_rights_in_Pakistan
http://www.ncsw.gov.pk/
http://www.lead.org.pk/hr/attachments/issues/Domestic%20violence.pdf
http://www.lead.org.pk/attachments/policy_briefs/human_rights/01_Civil_Political_Rig
hts.pdf
https://www.hrw.org/world-report/2015/country-chapters/pakistan
http://www.ihro.org.pk/downloads/PAKISTAN%20LAW%20ON%20HUMAN
%20RIGHTS.pdf

Sponsor Documents

Or use your account on DocShare.tips

Hide

Forgot your password?

Or register your new account on DocShare.tips

Hide

Lost your password? Please enter your email address. You will receive a link to create a new password.

Back to log-in

Close